The Third Circuit affirms the district court decision, 12 ELR 21133, denying appellants' petition to vacate their convictions for discharging pollutants from mushroom composting operations without a national pollutant discharge elimination system permit in violation of §§301 and 309(c) of the Fede...

The Ninth Circuit reverses the district court, ruling that the Forest Service (USFS) must comply with California herbicide control laws or seek a presidential exemption. Executive Order (E.O.) No. 12088 requires federal agencies to comply with certain state environmental laws or seek presidential ex...

The Third Circuit affirms the dismissal of National Environmental Policy Act (NEPA), Department of Transportation Act (DOTA), Federal-Aid Highway Act (FAHA), and state law claims in a suit to enjoin construction of Interstate 78 through the Watchung Reservation, a New Jersey park. Appellants claim t...

The court enjoins the Secretary of the Interior from offering oil and gas lease sales for tracts off the New Jersey coast, ruling that the Secretary must consider the effects on the coastal zone of all stages of the leasing, not just the pre-leasing activities, and therefore a consistency determinat...

The court rules that defendant barge owner may not credit the oil spill cleanup costs it voluntarily incurred against the removal costs owed the federal government under §311 of the Federal Water Pollution Control Act. The court first holds that the credit is not authorized by §311(f). While it fi...

The court denies the United States' motion to dismiss claims that delays in processing plaintiff's application for a dredge and fill permit under §404 of the Federal Water Pollution Control Act constituted an unconstitutional taking. After a lengthy dispute between the Environmental Protection Agen...

The district court approves a consent decree requiring the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to carry out promptly the duties imposed by §104(i) of the Comprehensive Environmental Response, Compensation, and Liability Act. ATSDR shall establish and mainta...

Ruling on a motion for partial summary judgment in a hazardous waste drinking water contamination case, the court dismisses claims for damages due to enhanced risk of disease and violation of the Civil Rights Act, but declines to dismiss claims for emotional distress and costs of future medial surve...

The district court rules that it cannot compel the Administrator of the Environmental Protection Agency (EPA) to perform an interim audit of a contract awarded to plaintiff under the Federal Water Pollution Control Act to construct a portion of a sanitary sewer system in East Hampton, Connecticut. T...

The district court holds that the Environmental Protection Agency (EPA) has authority under §308 of the Federal Water Pollution Control Act (FWPCA) to inspect internal waste streams on plaintiff's property pursuant to a warrant. First, the court rules that the inspection and sampling conducted by E...