The court rules that §106(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not merely a jurisdictional provision, but creates substantive liability for the release of hazardous waste that creates an imminent and substantial endangerment to the public healt...
The court upholds the Federal Aviation Administration's (FAA's) finding that increased use of runway 13L at the Dallas-Fort Worth Regional Airport for a 60-day test period does not require preparation of an environmental impact statement (EIS). Applying a "reasonableness" standard of review, thecour...
The court enjoins further implementation of a §404 permit under the Federal Water Pollution Control Act for a flood protection project until the Corps of Engineers complies with the National Historic Preservation Act (NHPA) and the National Environmental Policy Act (NEPA). The court first rules tha...
The court modifies an order, 13 ELR 20003, enjoining a flood protection project because of the Army Corps of Engineers' failure to comply with the National Historic Preservation Act (NHPA) and the National Environmental Policy Act (NEPA) before granting a §404 permit under the Federal Water Polluti...
The D.C. Circuit, reversing the district court, 12 ELR 20268, rules that the Environmental Protection Agency's (EPA's) determination that dam-induced water quality changes do not constitute the "discharge of pollutants" as defined in §502(12) of the Federal Water Pollution Control Act (FWPCA) is re...
The court rules that the Minneapolis Park and Recreation Board is not entitled to recover, pursuant to §311(a)(1)(D) of the Federal Water Pollution Control Act (FWPCA), costs incurred in cleaning up an oil spill partially caused by vandalism. Initially, the court notes that plaintiff's status as a ...
The court dismisses the federal government's claims against the Monsanto Corp. which alleged violations of Illinois products liability law and §13 of the Rivers and Harbors Act. Plaintiff contended that defendant, a seller of hydraulic fluids containing polychlorinated biphenyls (PCBs), violated st...
The Court of Claims affirms the Trial Division's ruling, 13 ELR 20029, that the Minneapolis Park and Recreation Board cannot recover, pursuant to §311(i)(1)(D) of the Federal Water Pollution Control Act, costs incurred in cleaning up an oil spill partially caused by vandalism.
Counsel are listed a...
In an action to order cleanup of PCB-contaminated soil, groundwater, and river sediments, the court rules that the 1972 Amendments to the Federal Water Pollution Control Act (FWPCA) do not preclude injunctive relief under the Refuse Act and that injunctive relief is also authorized under §309(b) of...
The Tenth Circuit, reversing the district court, 11 ELR 20036, upholds an opinion of the Solicitor of the Department of the Interior interpreting §603(c) of the Federal Land Policy and Management Act to require imposition of restrictions upon mineral leasing on lands being considered for wilderness...