The court affirms a district court ruling, 13 ELR 20421, upholding a Corps of Engineers decision under §404 of the Federal Water Pollution Control Act and §10 of the Rivers and Harbors Act denying a permit to fill and develop a tidal wetland in Ocean City, Maryland. The court rules simply that the...

The court rules that the Endangered Species Act (ESA) does not allow regulated takings of eastern timber wolves, a threatened species, unless the Department of the Interior determines that the takings are necessary to relieve population pressures in an ecosystem. Ruling on a challenge to Interior's ...

The court rules that hazardous substance generators and the owner of the Bluff Road waste disposal site are jointly and severally liable for removal costs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first rules that CERCLA §107 impose...

The court rules that the owners and operators of a hazardous waste storage facility may challenge the Environmental Protection Agency's (EPA's) decision to undertake a response action at the facility under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but that t...

The court holds that because groundwater and soil contamination from appellant's chemical drum reconditioning plant happened in the ordinary course of business, there has been no "occurrence" nor "sudden and accidental" event that would obligate appellee to indemnify or defend under appellant's comp...

The court holds that appellant's tort and contract claims on behalf of ratepayers, alleging that defective construction of the Shoreham Nuclear Power Facility poses a public safety risk and unreasonably high electric rates, are preempted by federal and state law and insufficient under New York commo...

In a suit to determine the scope of insurers' liability for damages caused by negligent shipment of a toxic flame retardant as a livestock feed additive, the court rules that the number of compensable "occurrences" for insurance purposes depends on the number of accidental causes of injury rather th...

The court holds that plaintiffs are not eligible for an award of attorney fees under the Equal Access to Justice Act (EAJA) because the Act does not allow fees to pro se litigants and alternatively, the government's position was substantially justified. The court rules that the EAJA contains no expr...

The court upholds as consistent with the Marine Mammal Protection Act (MMPA) and the Fourth Amendment, a Department of Commerce regulation that allows the use in enforcement proceedings of data collected by government observers traveling with tuna fishermen. Fishermen must allow the government inspe...

The court rules that defendant is liable for failing to report results of emission tests ordered by the Environmental Protection Agency (EPA) under §114(a)(1) of the Clean Air Act. The court rules that unless the testing order was unreasonable, which defendant does not claim, defendant has no defen...