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American Lung Ass'n of N.J. v. Kean

The court holds that the scheme of rulemaking and enforcement set out in New Jersey's state implementation plan (SIP) pursuant to the Clean Air Act (CAA) for reduction of ozone constitutes a binding obligation on the New Jersey government, and New Jersey is liable for failure to implement the SIP's ...

National Coal Ass'n v. Hodel

The court holds that a land exchange under §206 of the Federal Land Policy and Management Act (FLPMA) involving land holdings within Grand Teton National Park and federal coal-bearing lands in Wyoming is in the public interest despite potential anticompetitive effects. Three universities and a rese...

United States v. Bliss

The court holds that defendants involved in the release of waste oil contaminated with dioxin and trichlorophenol (TCP) at six sites in Missouri are jointly and severally liable under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs in...

Ouellette v. International Paper Co.

The court holds that the Clean Air Act does not preempt property owners' state law nuisance claim against an out-of-state company for alleged air pollution damages from the company's pulp and paper mill, and the law of the source state applies. Plaintiffs, Vermont property owners along interstate La...

Sierra Club v. Lyng

The court rules that where the Secretary of Agriculture takes actions within wilderness areas that are solely for the benefit of outside private interests, the Wilderness Act requires him to demonstrate that the action is necessary to effectively control threatened outside harm. The court first hold...

Environmental Encapsulating Corp. v. New York, City of

The court holds that New York City's training and certification program for asbestos workers is not preempted by the Occupational Safety and Health Act (OSHA) or its regulations. The court first holds that OSHA can preempt municipal laws, although the OSHA section discussing preemption of local laws...

United States v. SCM Corp.

The court rules that civil penalties under §113(b) of the Clean Air Act (CAA) are available for violations occurring prior to the issuance of a notice of violation (NOV), and that the CAA places the burden of proving each day of a continuing violation on the government rather than requiring the all...

Natural Resources Defense Council v. EPA

The court holds that the Environmental Protection Agency (EPA) arbitrarily and capriciously failed to consider the interrelationship of its high-level radioactive waste (HLW) disposal rules and the underground injection control provisions of the Safe Drinking Water Act (SDWA) in setting the individu...