The district court denies defendant's motion for summary judgment in an action alleging discharges of a pollutant in violation of §301(a) of the Federal Water Pollution Control Act. The defendant is to be judged under a standard of strict liability. Its allegation that its discharges were made purs...

In a suit seeking to enjoin enforcement of Rhode Island's regulations governing the transportation of hazardous materials, the court holds that certain of these regulations are inconsistent with and therefore preempted by the Hazardous Materials Transportation Act (HMTA). Initially, the court rules ...

The court rules that appellants have no right to an evidentiary hearing to challenge a wetlands restoration plan imposed by the Army Corps of Engineers under the terms of a consent decree between appellants and the Corps. After the Corps' denial of a dredge and fill permit was upheld, 12 ELR 20860, ...

The court rules that the Army Corps of Engineers' denial of a dredge and fill permit for land adjacent to Sabine Lake, Louisiana, was not arbitrary and capricious, but dismisses challenges to a required restoration plan for failure to exhaust administrative remedies. The court rules that the Corps h...

The appellate court rules that the trial court had the authority pursuant to the Environmental Management Act and the Refuse Disposal Act to order appellee either to cover or to remove refuse at an open dump site. The appellate court holds, contrary to the decision of the lower court, that the two s...

The court invalidates regulations issued by the Department of Transportation (DOT) under the Hazardous Materials Transportation Act (HMTA) concerning the transportation of radioactive materials, insofar as the regulations override nonfederal bans on truck transportation of spent fuel and other large...

The court rejects substantive and procedural challenges to the Nuclear Regulatory Commission's (NRC's) amendment of a regulation implementing §206(a)(2) of the Energy Reorganization Act of 1974, which requires manufacturers of nuclear power plant components to notify NRC of defects in their product...

The court vacates the Environmental Protection Agency's (EPA's) decision to issue a national pollutant discharge elimination system (NPDES) permit for a proposed oil refinery at Eastport, Maine, and remands the case to EPA for further determinations under the Endangered Species Act (ESA) and the Fed...

The court dismisses challenges to the Environmental Protection Agency's (EPA's) grant of conditional extensions to a prevention of significant deterioration (PSD) permit for a proposed oil refinery. EPA had granted the applicant a PSD permit under 1975 Clean Air Act regulations and later granted an ...

The district court rules that the city of Philadelphia can maintain its claims under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and under state common-law theories for recovery of cleanup costs and damages from generators whose industrial wastes we...