The court rules that it lacks subject matter jurisdiction to hear plaintiff's challenge to a proposed federal-state remedial investigation/feasibility study (RI/FS) of a New Jersey hazardous waste site to be cleaned up under §104 of the Comprehensive Environmental Response, Compensation, and Liabil...

The court rules that a municipality may be a "state" for purposes of recovery under §107(a)(4)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and that CERCLA authorizes recovery of response costs incurred before the Act became law. The court first rules tha...

The court holds that in an action brought by the United States under §311(f)(1) of the Federal Water Pollution Control Act (FWPCA) to recover expenses incurred in cleaning up an oil spill the appropriate statute of limitations is determined by 28 U.S.C. §2415, and that the appropriate limitation i...

The court rules that a district court lacks authority to bar reallocation or other disposal of Federal Water Pollution Control Act (FWPCA) sewage treatment construction grants allocated to Detroit for a fiscal year, but unobligated. In 1979 the United States and Detroit settled an FWPCA enforcement ...

The court issues a protective order concerning production of soil samples allegedly contaminated with dioxin, and holds that the Environmental Protection Agency (EPA) need not produce soil samples sought by defendants, unless defendants agree to make the results of their analysis available to EPA. S...

In a Federal Water Pollution Control Act §404 enforcement appeal, the court rejects defendant's Commerce Clause, void-for-vagueness, and jury trial claims and holds that the government was not equitably estopped from bringing this action. The court first holds that regulation of wetlands is within ...

The court holds that the Corps of Engineers did not perform an adequate analysis of the cumulative impacts that may flow from a home development project on Galveston Island, Texas, but that it is too early to determine whether an environmental impact statement (EIS) regarding development of the site...

The court holds that an environmental impact statement (EIS) prepared in connection with the contruction of the Presidential Parkway in Atlanta adequately considered traffic and safety impacts of the proposed highway on local streets, but did not support a finding under §4(f) of the Department of T...

The court holds that the New Jersey Spill Compensation and Control Act (Spill Act) enforcement scheme does not violate the federal due process rights of alleged dischargers subject to New Jersey Department of Environmental Protection (DEP) cleanup directives. The court initially grants a potentially...

The court holds that contamination of groundwater by activities on McChord Air Force Base In Washington State may constitute a taking and that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not provide the exclusive remedy for such an injury. The court rules ...