The court rules that the Army Corps of Engineers' permit jurisdiction under §404 of the Federal Water Pollution Control Act extends to artificial wetlands, or those wetlands that are dependent upon man-made irrigation and flood control structures for their water supply. It is the nature of the land...

The court holds that the doctrine of sovereign immunity and the prohibition of preenforcement review bar joinder of the Environmental Protection Agency (EPA) as a party plaintiff in an action by a purchaser of a debtor's property against the bankruptcy trustee for contribution for cleanup costs unde...

The court holds that the Corps of Engineers violated the Endangered Species Act (ESA) by allowing construction activities on a flood control and highway project to continue without ensuring adequate mitigation measures to protect the habitat of two endangered species of birds, and halts construction...

The court rules that the Environmental Protection Agency's (EPA's) denial of citizen petitions under §21 of the Toxic Substances Control Act (TSCA) is not subject to judicial review under the Administrative Procedure Act. The court initially holds that plaintiffs' suit seeking review of EPA's denia...

The court rules that a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) suit to recover investigatory and cleanup costs may not be brought under California law against a corporation that dissolved prior to CERCLA's enactment. Under California Corporations Code §2011(a)...

The court declines to dismiss 33 affirmative defenses in an action brought under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §106 and Resource Conservation and Recovery Act (RCRA) §7003. The court initially observes that motions to strike defenses under Federal R...

The court denies a motion to reconsider and modify its December 11, 1986, decision, 17 ELR 20242, which held that de novo review of the Environmental Protection Agency's (EPA's) selected remedy is appropriate under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §106 ...

The court holds that a federal district court does not have authority under the Anti-Injunction Act to enjoin Illinois from seeking injunctive relief in state court to require the Kerr-McGee Chemical Corp. to remove and dispose of radioactive wastes at Kerr-McGee's West Chicago facility. The court h...

The court holds that the district court abused its discretion and erred as a matter of law by modifying a consent decree between the Environmental Protection Agency and the Wheeling-Pittsburgh Steel Corporation (Wheeling), relieving Wheeling of its obligation to meet particulate matter emissions lim...

The court holds that an addendum to the Department of Agriculture's environmental impact statement (EIS) on its gypsy moth eradication program brought the EIS's worst-case analysis into compliance with the National Environmental Policy Act's (NEPA's) readability requirement, and the district court e...