The court holds that the United States Forest Service violated the National Environmental Policy Act (NEPA) in conducting a road construction project and related timber sales in the Kootenai National Forest in Montana, and the Endangered Species Act's (ESA's) 60-day notice provision is jurisdictiona...
The court holds that the Environmental Protection Agency's (EPA's) veto under §404(c) of the Federal Water Pollution Control Act (FWPCA) of a dredge and fill permit was based on a reasonable interpretation of the "availability" of an alternative site under the FWPCA §404(b)(1) guidelines. Plaintif...
The court rules that §6001 of the Resource Conservation and Recovery Act (RCRA) requires federal installations to comply with local arrangements for solid waste collection and disposal, including exclusive garbage collection franchises. Plaintiff, which had been granted the exclusive garbage collec...
The court grants the federal government's motion under §104(e)(5) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for immediate access to implement a source-control remedy at the Charles George Landfill and adjacent properties and to enjoin defendants from inte...
The court holds three of five generator defendants jointly and severally liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for state response costs at a hazardous waste disposal site. The court first holds that it has jurisdiction over nonresident defend...
The court holds that a county-operated landfill that imposed volume restrictions and increased rates on plaintiff's municipal solid waste processing facility that receives out-of-state waste does not violate the Commerce Clause, plaintiff's due process, or equal protection rights. The court first ho...
The court holds that a wood processing plant has violated the Clean Air Act's prevention of significant deterioration (PSD) program, and assesses a civil penalty of $65,000. The court first holds that Clean Air Act §113(a)(1)'s requirement for 30-day notice before the Environmental Protection Agenc...
The court holds that the corporate successor to a company that released radium tailings at its plant site is liable to a subsequent innocent purchaser of the site under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The site, located in Orange, New Jersey, had be...
The court upholds the New Jersey Spill Compensation and Control Act against federal constitutional challenges but adds a good-cause exception to the provision for the assessment of treble damages. Appellants sought to challenge a Department of Environmental Protection (DEP) directive requiring them ...
The court holds that the Environmental Protection Agency (EPA) may serve notice of a Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) violation by sending a certified letter rather than personal service, but that the EPA Regional and Chief Administrators inadequately reviewed the civil pe...