The court upholds the constitutionality of Congress' delegation to the Army Corps of Engineers of authority to issue dredge and fill permits under §404 of the Federal Water Pollution Control Act. The court rejects appellants' argument that §404 unconstitutionally permits the Corps, a part of the m...
Affirming in part and reversing in part the district court's ruling, 11 ELR 20016, the Ninth Circuit rules that hatchery fish are included in Indian tribes' share of fish apportioned in treaties between the Indians and the state of Washington and that both have a duty to take reasonable steps to pro...
The court rules that defendant is barred by §307(b)(2) of the Clean Air Act from attacking the constitutionality of the emission standard for vinyl chloride in an Environmental Protection Agency (EPA) enforcement proceeding. The court finds that defendant participated in the rulemaking that culmina...
The court holds that an environmental impact statement (EIS) prepared by the General Services Administration (GSA) for the sale of surplus government property in Rhode Island complies in most respects with the National Environmental Policy Act (NEPA) but must be supplemented with information on site...
Under a stipulation and agreement, Deltona Corporation, the state of Florida, and environmental organizations agree that Deltona will convey mangrove wetlands and estuarine properties on Marco Island, Florida, to the state in exchange for state approval to develop designated portions of the island. ...
The court dismisses a challenge to five national pollutant discharge elimination system (NPDES) permits for coal mine drainage issued by the Environmental Protection Agency (EPA). The court holds that EPA's decision that the regulated drainage from the mines would have no significant environmental i...
The court holds that the imminent hazard provisions of §7003 of the Resource Conservation and Recovery Act (RCRA) do not apply to inactive or abandoned hazardous waste disposal sites. The court first rules that the plain language of §7003 and the overall purpose of the statute indicate that §7003...
The court grants attorney fees to the Environmental Defense Fund pursuant to the Equal Access to Justice Act (EAJA) in its lawsuit to compel the Environmental Protection Agency to promulgate the revised National Contingency Plan as mandated by the Comprehensive Environmental Response, Compensation, ...
The Third Circuit reverses the district court's decision and holds that the Environmental Protection Agency (EPA) acted arbitrarily and capriciously in requiring a ban on sewer hookups in floodplain areas as a condition to receiving a municipal sewage treatment grant. First, the court determines tha...
The court rules that defendant is strictly liable for pollution of plaintiffs' wells caused by defendant's disposal of waste water, and that punitive damages and damages for mental suffering are proper. The court holds that the ponding of waste water adjacent to plaintiffs' wells was an abnormally d...