Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

State v. Schenectady Chems., Inc.

The court rules that plaintiff has stated a cause of action in public nuisance against defendant chemical company for water pollution resulting from the disposal of chemical wastes at the Loeffel dump site 15 to 30 years ago. Plaintiff may seek abatement and punitive damages. The court denies plaint...

Tinkham v. Reagan

The court rules that the Environmental Protection Agency's inclusion of a site on the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) National Priorities List (NPL) is a regulation subject to review only in the Court of Appeals for the D.C. Circuit. The court first hol...

United States v. F/V Repulse

The Ninth Circuit upholds the district court's judgment assessing a civil penalty against a fishing vessel for the taking of a marine mammal in violation of the Marine Mammal Protection Act. The district court did not err in applying the preponderance of the evidence standard rather than criminal st...

Perth Amboy, City of v. Madison Indus.

The court affirms a damage award against two polluters for contamination of a city water supply in violation of the New Jersey Spill Compensation and Control and Water Pollution Control Acts but reverses on the allocation of liability, ruling that the polluters be held jointly and severally liable. ...

National Agric. Chems. Ass'n v. EPA

The court invalidates the Environmental Protection Agency's (EPA's) "cite-all" pesticide registration regulations as inconsistent with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The court rules that on its face §3(c) of FIFRA requires applicants for EPA registration of pestici...

Monsanto Co. v. Acting Adm'r, EPA

The court holds that parts of §§3 and 10 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) governing the use and disclosure of pesticide registration data violate the Fifth Amendment's prohibition against uncompensated takings. The court first rules that Monsanto has a federally c...

McKay v. United States

Reversing the district court, 13 ELR 20540, the Tenth Circuit rules that defendants, the federal government and two contractors, may be held liable under state tort law for radioactive contamination of land near the Rocky Flats nuclear facility. The court first rules that federal laws dealing with t...

Friends of the Earth v. Weinberger

The court dismisses as moot claims that the Secretary of Defense's closely spaced basing mode proposal (CSB) for the MX missile violated the National Environmental Policy Act (NEPA). The court rules that although the Defense Department submitted the CSB to Congress without an environmental impact st...

U.S. Aviex Co. v. Travelers Ins. Co.

The court rules that a liability insurer is obligated to indemnify its insured for the costs of cleaning up groundwater contaminated as a result of a fire on the insured's overlying property. Rejecting appellant's contention that the trial court erred in issuing a declaratory judgment, the court rul...

Benton Franklin Riverfront Trailway & Bridge Comm. v. Lewis

The court rules that the Secretary of Transportation acted arbitrarily by failing to prepare an adequate §4(f) statement under the Department of Transportation Act concerning the existence of feasible and prudent alternatives to demolition of an historic bridge. The court rules that the committee i...