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Sierra Club v. Corps of Eng'rs

The court holds that plaintiffs may claim attorney fees from the state of New York under the bad-faith exception to the American rule and from the federal defendants under the Equal Access to Justice Act (EAJA). The court first holds that the state is not immune from fee awards. The Eleventh Amendme...

Rollins Envtl. Servs. (FS) v. Parish of St. James

The court holds that the Toxic Substances Control Act (TSCA) preempts a local ordinance designed to prohibit plaintiff's polychlorinated biphenol (PCB) treatment, storage, and disposal within the St. James Parish.
The court first holds the district court had jurisdiction under the federal question ...

Northern Alaska Envtl. Ctr. v. Hodel

The court holds that the National Environmental Policy Act (NEPA) requires the National Park Service (NPS) to prepare environmental assessments (EAs) and environmental impact statements (EISs) on the impacts of mining in national parks in Alaska. The court first concludes that joinder of all miners ...

Student Pub. Interest Research Group of N.J. v. AT&T Bell Labs.

In a Federal Water Pollution Control Act (FWPCA) citizen suit, the court holds that defendant's own records are sufficient to support summary judgment for liability for violations of expired discharge permits. The court first holds that the failure of one plaintiff to give the defendant 60 days' not...

United States v. Rapoca Energy Co.

The court rules that an owner of coal reserves must pay reclamation fees mandated by the Surface Mining Control and Reclamation Act for mine operators, even though it does no mining itself, since it contracts with other firms for the mining of the coal, establishes the mining plan, and buys all the ...

National Cattlemen's Ass'n v. EPA

The court holds that EPA's approval under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of the coyote predacide Compound 1080 for restricted uses in livestock toxic collars and single lethal does taits (SLDs) is supported by substantial new evidence that these uses are safe and eff...

United States v. M.C.C. of Fla., Inc.

The court rules that the dredging of a channel by the propellers of defendant's tugs during bridge construction, which caused material from the bottom to be deposited on adjacent sea grass beds, is "work" governed by §10 of the Rivers and Harbors Act and the "discharge of a pollutant" governed by t...

Outboard Marine Corp. v. Thomas

The court rules that §104 of the Comprehensive Environmental Response, Compensation, and Liability Act does not authorize entry onto private property to prepare for construction of remedial measures. The court first rules that none of the statutory provisions cited by the Environmental Protection A...

Fishel v. Westinghouse Elec. Corp.

The court holds that neighbors of a manufacturing facility may maintain a cost recovery action under the Comprehensive Emergency Response, Compensation, and Liability Act (CERCLA) absent government involvement, and a citizen suit under the Resource Conservation and Recovery Act (RCRA) and Federal Wa...

Sierra Club v. Union Oil Co. of Cal.

The court rules that the five-year statute of limitations in 28 U.S.C. §2462 governs citizen enforcement suits under the Federal Water Pollution Control Act. The court first rules that plaintiff has not demonstrated that it was entitled to prevail as a matter of law on its motion for summary judgme...