The court holds that the Environmental Protection Agency (EPA) acted within its authority when it vetoed under §404(c) of the Federal Water Pollution Control Act (FWPCA) a Corps of Engineers permit authorizing construction of a shopping mall in the Sweeden's Swamp wetlands in South Attleboro, Massa...

The court holds that the Environmental Protection Agency was entitled to insist on a current application when considering whether to award a grant under the Federal Water Pollution Control Act for construction of a local sewage treatment system.
[Previous decisions in this litigation are published ...

The court holds that plaintiffs are entitled to attorney fees under §505(d) of the Federal Water Pollution Control Act (FWPCA) for a challenge to a Corps of Engineers decision that certain lands were not wetlands under FWPCA §404. On the merits, the court held, 16 ELR 20388, that the Corps wrongfu...

The court rules that states may bring citizen suits under the Clean Air Act against federal facilities for past violations of asbestos emissions standards. The court first finds that it has subject matter jurisdiction because the case is an action arising under federal law, and that states have stan...

The court holds that hazardous waste response costs incurred by Tennessee that would be recoverable from the debtor under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are entitled to priority as administrative expenses in a voluntary bankruptcy proceeding under ...

The court holds that a citizens' group that challenged the Environmental Protection Agency's (EPA's) decision to issue an interim tolerance for ethylene dibromide (EDB) is not entitled to attorney fees under the Equal Access to Justice Act (EAJA). The court had initially held that EPA acted arbitrar...

The court upholds the Environmental Protection Agency's (EPA's) disapproval of Arizona's state implementation plans (SIPs) for Maricopa and Pima Counties for carbon monoxide (CO) and ozone, and the agency's imposition of a contruction ban on new CO sources. The court holds that EPA's original condit...

The court rules that a person seeking review under 28 U.S.C. §2344 of a decision by the Nuclear Regulatory Commission (NRC) must have been a party to the agency proceedings. Petitioners challenge a November 21, 1984, NRC order allowing restart of part of the San Onofre, California, nuclear reactor ...

The court holds that the district court's award of attorney fees in a citizen suit under §520 of the Surface Mining Control and Reclamation Act (SMCRA) was proper as to the number of billable hours and the award of nontaxable litigation expenses, but the district court abused its discretion in sett...

The court determines the appropriate extent of an injunction against further construction of the Elk Creek Dam in Oregon pending the Corps of Engineers' compliance with the National Environmental Policy Act (NEPA). The 9th Circuit had held that the Corps' wildlife mitigation plan was incomplete, new...