In this action brought by the Redevelopment Authority to recover cleanup costs for a site contaminated with chromium waste, the court holds that PPG, the generator and former owner of the facility that generated the waste, is not a covered person under §107(a) of CERCLA. While it was foreseeable th...
The court rules that a citizen suit based on multiple, sporadic, and past violations of effluent limitations contained in national pollutant discharge elimination system (NPDES) permits cannot be maintained under §505 of the Federal Water Pollution Control Act (FWPCA). In this consolidated action, ...
The court holds that a hazardous waste treatment facility is not entitled to be exempted from Ohio's permitting requirements, and upholds the assessment of civil penalties against the operators of the facility. The court first holds that the facility is not entitled to an exemption from Ohio's permi...
The court rules that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) provides for joint and several liability among responsible parties and that there is a private right of contribution under CERCLA. The court first rules that CERCLA provides for joint and several ...
The court holds that strict liability applies to civil violations of the Clean Air Act (CAA) and the national emission standard for hazardous air pollutants (NESHAP) for asbestos. The language and legislative history of the CAA, as well as the case law interpreting the statute and the emissions stan...
The court holds that the Environmental Protection Agency's (EPA's) emergency suspension order under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) banning the use of dinoseb was arbitrary and capricious. The court first holds that it has jurisdiction under FIFRA §6(c)(4) to review ...
The court holds that a parcel of land on which dikes and levees were built without a Federal Water Pollution Control Act (FWPCA) §404 permit from the Army Corps of Engineers is wetlands and orders restoration and payment of a $40,000 civil penalty. The court first holds that the land is wetlands. A...
The Court rules that under the Just Compensation Clause, where the government has temporarily taken property by means of a land use regulation, the landowner may recover damages for the time during which all use of the property is denied. The Court invalidates that part of the California Supreme Cou...
The court holds that the discharge into Lake Michigan of dead fish and fish remains by a hydroelectric power plant in its turbine generating water requires a Federal Water Pollution Control Act (FWPCA) national pollutant discharge elimination system (NPDES) permit. The court initially concludes that...
The court holds that the Federal Water Pollution Control Act (FWPCA) applies to Puerto Rico, and a mangrove forest located on firm, wet soil and separated from the sea by dunes is an "adjacent wetland" within the meaning of the Act. The court first rules that the FWPCA applies to Puerto Rico. Althou...