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United States v. Consolidation Coal Co.

The court rules that reclamation fees under §402(a) of the Surface Mining Control and Reclamation Act (SMCRA) may be assessed on coal mined prior to SMCRA's enactment where the economic benefit has been derived after SMCRA's effective date. Therefore, a coal company may be assessed fees on coal min...

Pathfinder Mines Corp. v. Hodel

The court holds that 22 mining claims within the Grand Canyon National Game Preserve held pursuant to the Mining Law of 1872 were void ab initio and withdrawn from mineral entry when the game preserve was created. The court holds that because the law creating the preserve does not directly address t...

Save Our Dunes v. Pegues

The court holds that the Alabama Department of Environmental Management (DEM) must amend its procedures for issuing coastal construction permits to provide notice of final actions to the same extent it provides notice of pending applications. DEM publishes notice of pending applications in local new...

United States v. Miami Drum Servs., Inc.

The court rules on the United States' motion for early determination of special legal questions in its action under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to recover the costs of cleaning up an abandoned drum recycling facility. The court initiall...

Ohio v. NRC

The court holds that the Nuclear Regulatory Commission (NRC) reasonably exercised its discretion in denying Ohio leave to intervene in licensing proceedings for the Perry Nuclear Power Plant, denying a citizen group's motion to reopen the record in the licensing proceedings, and authorizing the plan...

Sierra Club v. Union Oil Co. of Cal.

The court holds that the district court improperly allowed the violator of a Federal Water Pollution Control Act (FWPCA) national pollutant discharge elimination system (NPDES) permit to assert an upset defense, the FWPCA does not provide for a de minimis exception, and sampling error in one's disch...

Stringfellow v. Concerned Neighbors in Action

The Supreme Court rules that a district court order, granting permissive intervention but denying intervention as of right in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) suit, is not immediately appealable. The United States and California had filed a CERCLA cost...

Amoco Prod. Co. v. Gambell, Village of

The Court rules that §810 of the Alaska National Interest Lands Conservation Act (ANILCA), protecting natural resources used for subsistence uses, does not apply to the outer continental shelf (OCS), and the court of appeals applied an incorrect standard in determining the availability of injunctiv...

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Reg'l Planning Agency

The court holds that the 1984 Regional Plan adopted by the Tahoe Regional Planning Agency (TRPA) is a valid exercise of the TRPA's police power. The court first finds that plaintiffs' complaint was not barred by the Tahoe Regional Planning Compact's statute of limitations. The court next holds that ...

New York v. Shore Realty Corp.

The court rules that the 60-day notice requirement in §112(a) of the Comprehensive Environmental Response, Compensation, and Liability Act does not apply to private cost recovery actions, and private parties need not obtain prior governmental approval and need only plead consistency with the Nation...