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Sims v. Florida Dep't of Highway Safety & Motor Vehicles

The court holds that the Clean Air Act preempts a Florida statute that prohibits the owner of a gray market automobile from acquiring title and registration until the owner has obtained documentation that the vehicle complies with federal emission and safety standards. Gray market automobiles are im...

FMC Corp. v. Northern Pump Co.

The court holds that the buyer of a contaminated hazardous waste site may not recover cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from a seller that did not itself dispose of hazardous waste at the site, is not accountable for its subsidiary...

Marathon Oil Co. v. EPA

The court upholds the Environmental Protection Agency's (EPA's) requirement in a national pollutant discharge elimination system (NPDES) permit that discharge pipes have submerged outlets extending beyond the intertidal mudflats at Cook Inlet, Alaska. Cook Inlet has extreme tides of up to 30 feet an...

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

The court establishes a timetable to bring New Jersey into compliance with the ozone control portion of its state implementation plan (SIP). In a previous decision, the court had held that New Jersey was liable for failing to abide by its SIP's timetable for implementation of seven specific ozone co...

Oregon Natural Resources Council v. Marsh

The court holds that the Corps of Engineers' supplemental environmental impact statement (SEIS) for the Elk Creek Dam project in Oregon is deficient because its wildlife mitigation plan is incomplete, it fails to take into account new information acquired since the original EIS was prepared, and fai...

National Wildlife Fed'n v. Burford

Upholding the district court's issuance of a preliminary injunction, the court rules that §202(d) of the Federal Land Policy and Management Act (FLPMA) requires that termination of public land classifications must be consistent with resource management plans, and that §309(e) requires public parti...

United States v. Louisiana Pac. Corp.

The court holds that defendant's construction of a plant on the site of an existing source was not a major modification requiring a prevention of significant deterioration (PSD) permit under the Clean Air Act since the existing source identified by the Environmental Protection Agency (EPA) in its no...

United States v. 38 Golden Eagles or Eagle Parts

In an unpublished opinion, the court rules that the Bald and Golden Eagle Protection Act's (BGEPA's) permit system for the taking and transporting of eagle parts does not violate the First Amendment's protection for the free exercise of religion. The United States instituted a forfeiture proceeding ...

Jersey City Redevelopment Auth. v. PPG Indus.

The court holds that two defendants that were responsible for the use of a landfill contaminated with chromium at a residential development site are jointly and severally liable for a municipal corporation's costs in excavating and removing the contaminated material. The court initially holds that p...

Love v. Thomas

The court invalidates the Environmental Protection Agency's (EPA's) emergency suspension of the pesticide dinoseb, and rules that §6(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizes district court review of an emergency suspension order even where an administrativ...