The court rules that Federal Land Policy and Management Act (FLPMA) §505 does not require the Bonneville Power Administration (BPA) to receive state certification before building a power transmission line across federal lands, but FLPMA does require BPA to comply with state environmental standards ...
The court holds that the Environmental Protection Agency (EPA) did not submit to improper political pressure or violate either the Federal Water Pollution Control Act (FWPCA) or the National Environmental Policy Act (NEPA) in approving funding for the final phase of the Rockland, New York, sewage tr...
The court holds that the Secretary of the Interior's withdrawal of lands to form the Snake River Birds of Prey Area did not violate §204 of the Federal Land Policy and Management Act. The notice and hearings associated with an environmental impact statement on a proposal to legislatively protect th...
The court rules that Federal Water Pollution Control Act (FWPCA) citizen enforcement suits are limited to actions to enjoin ongoing violations and actions for civil penalties, which must be paid to the government. Upholding for the most part the legal conclusions of a magistrate, the court first rul...
The court rules that the consumption of forage on private property resulting from improper management of wild horses by the Bureau of Land Management (BLM) under the Wild Free-Roaming Horses and Burros Act may be a Fifth Amendment taking of that forage. The court holds that the Act creates a legal f...
The court rules that the Federal Water Pollution Control Act (FWPCA) does not require injunction of discharges not covered by national pollutant discharge elimination system (NPDES) permits. The court first rules that the unpermitted discharges from defendants' offshore drilling violate the FWPCA. T...
The court holds that defendant offshore oil drillers are vulnerable to a Federal Water Pollution Control Act (FWPCA) citizen suit for discharges without a permit despite the Environmental Protection Agency's (EPA's) decision not to prosecute the 1982 violations and EPA's opinion that an expiring gen...
The court rules that a waste is a "hazardous substance" under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) if it contains substances listed as hazardous under any of the statutes referenced in CERCLA §101(14) regardless of the volume or concentrations of those ...
The court rules that a firm that acted as a conduit in the transfer of title to a hazardous waste disposal site and held legal title for one hour could be an owner and operator under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court dismisses t...
The court rules that § 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) imposes personal liability on corporate officers who are responsible for the operations of a hazardous waste disposal business. The court rejects the argument that defendants, two ind...