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Earthline Co. v. Kin-Buc, Inc.

The court holds that EPA's issuance of an order pursuant to §106 of the Comprehensive Environmental Response, Compensation, and Liability Act directing cleanup and closure of the Kin-Buc Landfill in Edison, New Jersey, does not constitute final agency action, and thus is not subject to judicial rev...

Caldwell v. Gurley Ref. Co.

The court rules that a landowner may pursue an action under the Declaratory Judgment Act against a former lessee to determine his indemnification rights regarding liability to the federal government under Clean Water Act §311 and the Comprehensive Environmental Response, Compensation, and Liability...

United States v. Wulff

The court rules that the absence of a requirement of criminal intent in Migratory Bird Treaty Act (MBTA) §6(b)(2), which makes the sale of migratory birds in violation of MBTA a felony, violates the Due Process Clause because the penalty is severe and conviction would irreparably damage one's reput...

Hamker v. Diamond Shamrock Chem. Co.

The court rules that a citizen complaint brought under §505 of the Federal Water Pollution Control Act (FWPCA) must allege a violation occurring at the time the complaint is filed. The court supports its conclusion first by reference to the plain language of the statute, which is worded in the pres...

Detroit, City of ex rel. Detroit Water & Sewerage Dep't v. Michigan

The court holds that a county road commission need not pay sewer user fees for treatment of stormwater runoff from its roads. Pursuant to a settlement of a Federal Water Pollution Control Act (FWPCA) suit with the Environmental Protection Agency, plaintiff instituted a user fee system to finance sew...

V.S.H. Realty, Inc. v. Texaco, Inc.

The court rules that a seller who allegedly misrepresented the severity of an oil spill on a property may be liable to the buyer under common-law fraud and statutory deceptive business practices theories, but has not breached its promise to sell the property free of encumbrances. Applying Massachuse...

Dressman v. Costle

The court holds that the Environmental Protection Agency's (EPA's) disapproval of revisions to Kentucky's ozone state implementation plan (SIP) for three nonattainment counties and its concurrent imposition of a construction moratorium under Clean Air Act §110(a)(2)(I) was neither outside its autho...

Walls v. Waste Resource Corp.

The court rules that neither the Resource Conservation and Recovery Act (RCRA) nor the Federal Water Pollution Control Act (FWPCA) provides a private right of recovery for damages, that the 60-day notice requirements in the citizen suit provision of the two statutes are jurisdictional, and that §10...

United States v. United Nuclear Corp.

The court holds that the Environmental Protection Agency's (EPA's) proposal to conduct a remedial investigation and feasibility study under the Comprehensive Environmental Response, Compensation, and Liability Act is not a final agency action. The proposal is therefore not reviewable under Administr...

Friends of Endangered Species v. Jantzen

The court holds that the United States Fish and Wildlife Service (FWS) complied with the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA) when it issued a permit under ESA §10(a) authorizing the taking of an endangered species of butterfly in connection with development...