The court rules that §104 of the Comprehensive Environmental Response, Compensation, and Liability Act does not authorize entry onto private property to prepare for construction of remedial measures. The court first rules that none of the statutory provisions cited by the Environmental Protection A...
The court holds that neighbors of a manufacturing facility may maintain a cost recovery action under the Comprehensive Emergency Response, Compensation, and Liability Act (CERCLA) absent government involvement, and a citizen suit under the Resource Conservation and Recovery Act (RCRA) and Federal Wa...
The court rules that the five-year statute of limitations in 28 U.S.C. §2462 governs citizen enforcement suits under the Federal Water Pollution Control Act. The court first rules that plaintiff has not demonstrated that it was entitled to prevail as a matter of law on its motion for summary judgme...
The court rules that a state-issued national pollutant discharge elimination system permit that does not excuse violations caused by "upsets" is nonetheless governed by Environmental Protection Agency (EPA) rules excusing such violations where state law bars state requirements more stringent than th...
Affirming the district court decision, 15 ELR 20109, the court rules that potentially responsible parties have no right to preenforcement judicial review of Environmental Protection Agency (EPA) remedial actions identified in Records of Decision under §104 of the Comprehensive Environmental Respons...
The court affirms a district court decision, 15 ELR 20377, that the Federal Water Pollution Control Act authorizes a tort action by Vermont residents for pollution from a New York facility to be brought under Vermont law, that the suit is not barred by settlement agreements in an earlier suit brough...
The court rules that the Clean Air Act allows the Environmental Protection Agency (EPA) to include in a nonattainment area a county that does not violate an air quality standard, but includes significant sources of emissions of the precursors of the pollutant for which other counties in the same urb...
The court holds that the Environmental Protection Agency's (EPA's) rejection of Illinois' proposal to redesignate two counties near Chicago, which contain significant sources of ozone precursors but do not violate the air quality standards for ozone, as attainment areas under Clean Air Act §107 was...
The court holds that Environmental Protection Agency (EPA) has power under the Federal Water Pollution Control Act (FWPCA) §404(c) to veto a dredge and fill permit issued by the Corps of Engineers (Corps) and EPA's initiation of public hearings on proposed construction in Sweeden's Swamp, a wetland...
The court holds that the Massachusetts Oil and Hazardous Material Release Prevention Act (OHMRPA) allows recovery for preenactment response costs and that the state may seek recovery under a special act authorizing cleanup at this particular site, but also holds that the defendant is not liable unde...