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South Macomb Disposal Auth. v. EPA

The court rules that §113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bars constitutional challenges to the Superfund Amendments and Reauthorization Act (SARA) by potentially responsible parties prior to an enforcement suit for reimbursement. The clear lang...

United States v. Nicolet, Inc.

The court holds the automatic stay provision of the Bankruptcy Code, 11 U.S.C. §362(a), does not apply to a federal Comprehensive Environmental Response, Compensation, and Liability Act cost recovery action brought by the United States government. An automatic stay does not apply when one of the go...

United States v. Northside Sanitary Landfill, Inc.

The court denies the federal government's motion under §104(e)(5) of the Comprehensive Environmental Response, Compensation, and Liability Act for immediate entry to enjoin defendants from continuing landfilling operations at the Northside Sanitary Landfill site. The court first holds that the Envi...

United States v. General Motors Corp.

The court rules that the Clean Air Act's four-month limitation on the Environmental Protection Agency's (EPA's) approval of state implementation plans (SIPs) applies to the Agency's decisions on proposed SIP revisions, and EPA is prohibited from enforcing an original SIP until it acts on a proposed ...

United States v. Farber

The court rules that the seller of hazardous substances that are not wastes can be held liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but the mere sale of a hazardous substance by the supplier of raw materials to a company that used those ingredient...

Safe Bldg. Alliance v. EPA

The court upholds the Environmental Protection Agency's (EPA's) regulations under the Asbestos Hazard Emergency Response Act (AHERA) concerning asbestos materials in public school buildings. The court holds that EPA's failure to specify a single least burdensome response action for every asbestos ha...

National Wildlife Fed'n v. Burford

The court denies petitions for rehearing of its ruling that §202(d) of the Federal Land Policy and Management Act requires that termination of public land classifications be consistent with resource management plans and that §309(e) requires public participation in decisions to revoke withdrawals....

Riverside Cement Co. v. Thomas

The court holds that the Environmental Protection Agency (EPA) cannot take a rule proposed by a state under its Clean Air Act state implementation plan and amend the proposal on its own motion. The California Air Resources Board submitted a rule regulating emissions of nitrogen oxide from cement kil...

Northern Cheyenne Tribe v. Hodel

The court holds that the Federal Coal Leasing Amendments Act of 1976 (FCLAA) does not limit the courts' discretion in determining whether to issue an injunction upon finding a violation of the Act. The Secretary of the Interior had offered coal leases for sale in an area surrounding an Indian reserv...

Al Tech Specialty Steel Corp. v. EPA

The court holds that the leachate derived from emission control dust is a hazardous waste under the Resource Conservation and Recovery Act and the New York Environmental Conservation Law because it exhibits the characteristics of hazardous waste known as extraction procedure toxicity. The court note...