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Silkwood v. Kerr-McGee Corp.

The Supreme Court, in a five-to-four decision, reverses the Tenth Circuit's ruling, 12 ELR 20367, that punitive damages otherwise available to a plaintiff under state tort law may not be obtained against the operator of a federally licensed plutonium-processing facility by virtue of the preemption d...

Bethlehem Steel Corp. v. EPA

The court rules that once the Environmental Protection Agency (EPA) approves a state's list of attainment, nonattainment, and unclassifiable areas, the Agency may not unilaterally reclassify an area as nonattainment under §107(d) of the Clean Air Act. The court first rules that the reclassification...

Sierra Club v. Watt

The district court issues a preliminary injunction barring the Department of the Interior from taking any further action, except for certain specified actions, in connection with the delisting of certain tracts of land in California and Nevada that had previously been listed as wilderness study area...

United States v. A&F Materials Co.

The court rules that §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) can impose joint and several liability; that §106 of CERCLA allows mandatory injunctive relief against off-site generators, but that §311 of the Federal Water Pollution Control Act (FWP...

General Motors Corp. v. Ruckelshaus

The court vacates the Environmental Protection Agency's (EPA's) automobile emission control system recall rule issued pursuant to §207(c)(1) of the Clean Air Act as not supported by the Act's statutory language and legislative history. The EPA rule requires manufacturers to submit a plan to repair ...

Secretary of the Interior v. California

The Court, reversing the Ninth Circuit, 12 ELR 21084, rules that the sale of outer continental shelf (OCS) oil and gas leases does not "directly affect" the coastal zone and thus does not require a consistency determination under §307(c)(1) of the Coastal Zone Management Act (CZMA). The Court first...

Scanlon v. Commonwealth, Dep't of Transp.

The court holds invalid and enjoins the Pennsylvania Department of Transportation (Penndot) from complying with a 1978 federal court consent decree requiring Penndot to establish an annual automobile emission control inspection and maintenance (I/M) program in two urban areas of Pennsylvania. The co...

United States v. Borden, Inc.

The court rules that the Environmental Protection Agency's (EPA's) Clean Air Act vinyl chloride emission regulations are valid emission standards, not work practice rules, and that §307(b)(2) of the Act precludes challenging the validity of the regulations in a civil enforcement proceeding. EPA pro...

United States v. Detroit, City of

The Sixth Circuit vacates as invalid under §205(b) of the Federal Water Pollution Control Act (FWPCA) a districtcourt order forbidding the Michigan Department of Natural Resources (MDNR) and the Environmental Protection Agency (EPA) from reallocating federal sewage treatment construction grant moni...

United States v. Narragansett Improvement Co.

The court rules that substantial replacement of plant components resulting in no emission increase does not make the plant a new source under Environmental Protection Agency (EPA) Clean Air Act §111 new source performance standards (NSPS) so long as the work was completed prior to proposal of EPA's...