The court affirms a holding that a nuisance suit against the city of Tampa for operation of a sanitary landfill near appellants' home is barred by the principle of separation of powers and the doctrine of sovereign immunity. Although cities formerly had no sovereign immunity, the court rules that a ...

The court rules that the Administrator of the Environmental Protection Agency (EPA) violated §§301(a) and 402(a) of the Federal Water Pollution Control Act (FWPCA) by failing to regulate dams under the national pollutant discharge elimination system (NPDES) permit program. The court notes that def...

The court rules that the variance clause in Environmental Protection Agency (EPA) regulations setting out the "best practicable control technology currently available" (BPT) for the steam electric power industry pursuant to the Federal Water Pollution Control Act (FWPCA) correctly bars consideration...

The court holds that the Spill Compensation and Control Act imposes strict joint and several liability for cleanup costs of hazardous substances spilled prior to the Act's effective date. The court finds that there is no constitutional inhibition against retroactive application of the 1980 amendment...

The First Circuit vacates the district court's injunction, 11 ELR 20424, against the transfer of Cuban and Haitian refugees to Fort Allen, Puerto Rico. Subsequent to the district court's decision, a consent agreement was reached between appellee Commonwealth of Puerto Rico and the federal government...

The court rejects petitioner's challenge to the Environmental Protection Agency's (EPA's) Clean Air Act §120 notice of noncompliance, because petitioner failed to exhaust its administrative remedies. The court notes that the doctrine of exhaustion serves the dual purpose of preserving administrativ...

The court holds that the portion of the Environmental Protection Agency's consolidated permit regulations (CPRs) relating to the national pollutant discharge elimination system (NPDES) is reviewable in the courts of appeals. Section 509(b)(1)(E) of the Federal Water Pollution Control Act (FWPCA) aut...

In a pre-trial ruling, the district court determines that environmental laws and regulations enacted prior to the filing of a notice of condemnation are relevant to a determination of the highest and most profitable use of defendants' condemned land. Defendants are the owners of property located in ...

The district court approves defendants' disposal of polycholorinated biphenyls (PCBs) in a state-owned landfill in Warren County, North Carolina, against an array of challenges based on federal and state law. Plaintiffs, owners of property adjoining the landfill, sought injunctive or monetary relief...

The Supreme Court of Hawaii affirms the lower court's decision upholding the Bureau of Land and Natural Resources' (BLNR's) approval of the construction of underground utilities on the Paiko Lagoon Wildlife Sanctuary and its determination that the proposed activity was exempt from preparation of an ...