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United States v. Puerto Rico Aqueduct & Sewer Auth.

The court holds that the Puerto Rico Aqueduct and Sewer Authority (PRASA) is liable for a $32 million civil penalty under the Federal Water Pollution Control Act for multiple violations of a consent order concerning Puerto Rico's sewage treatment program. The court rejects PRASA's request not to enf...

Evergreen Waste Sys., Inc. v. Metropolitan Serv. Dist.

The court holds that defendant's ordinance barring out-of-district waste from the district's landfill does not violate the Commerce Clause. The ordinance applies to only one of the many landfills operated in Oregon and bars waste from most Oregon counties in addition to out-of-state waste. Thus, iti...

Taxpayers Watchdog, Inc. v. Stanley

The court holds that the Urban Mass Transportation Association (UMTA) did not violate the National Environmental Policy Act (NEPA) when it segmented and funded four miles of a subway system for Los Angeles, California, after finding that construction of the four-mile portion would have no significan...

National Coalition Against the Misuse of Pesticides v. Thomas

The court holds that the Environmental Protection Agency (EPA) acted reasonably on remand leaving in place an interim tolerance of 30 parts per billion (ppb) for the pesticide ethylene dibromide (EDB) in imported mangoes, to be reduced to 0 ppb after September 30, 1987. The court had previously rema...

Nollan v. California Coastal Comm'n

The Court holds that the California Coastal Commission's requirement for the grant of an easement from a beachfront landowner to allow the public access across the landowner's privately owned beach, which was located between two public beaches, as a condition of a building permit is an uncompensated...

Pennsylvania v. Delaware Valley Citizens' Council for Clean Air

The Court holds that a citizens' group that was awarded attorney fees under Clean Air Act §304(d) for its participation in litigation over Pennsylvania's implementation of an automobile inspection and maintenance program is not entitled to an enhancement of the fee based on risk of loss. A pluralit...

Norfolk S. Corp. v. Oberly

The court holds that state coastal management programs (CMPs) under the Coastal Zone Management Act (CZMA) are not immunized from Commerce Clause challenges, but the development restrictions in the Delaware Coastal Zone Act do not violate the Commerce Clause. The court first rules that state CMPs ar...

Public Citizen Health Research Group v. Brock

The court finds that the Occupational Safety and Health Administration (OSHA) is on the verge of unreasonably delaying the promulgation of a short-term exposure limit (STEL) for ethylene oxide (EtO) or explaining to the public why such a limit is unnecessary and holds that any delay beyond the propo...

Missouri v. Independent Petrochemical Corp.

The court holds that the application of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to wholly intrastate hazardous waste disposal does not exceed Congress' power under the Commerce Clause and that CERCLA has not preempted the common law of nuisance. The court f...

Advance Circuits, Inc. v. Carriere Properties

In a contribution action under the Minnesota Environmental Response and Liability Act, the court holds the owners and operators of two contaminated recycling facilities liable for 70 percent of the costs incurred by 13 generators in cleaning up the sites. The court finds that defendants' actions wer...