The Court upholds the constitutionality of the data consideration and disclosure provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The Court first rules that trade secrets recognized as property under state law are property protected by the Taking Clause of the Fifth Ame...
Affirming the district court's opinion, 14 ELR 20538, the Seventh Circuit holds that the Department of Transportation (DOT) did not violate federal law in planning a bridge and traffic corridor in Wisconsin. The district court held that DOT violated neither (1) the National Environmental Policy Act ...
The court holds that a trustee in bankruptcy may not abandon a hazardous waste site where such abandonment would constitute disposal of waste in violation of state law. The Quanta site contains over 70,000 gallons of polychlorinated-biphenyl-contaminated oil, which by state law must be guarded, cont...
The court rules that a trustee in bankruptcy may not abandon a hazardous waste site where such an abandonment would effect a disposal of waste in contravention of state law. The Quanta trustee proposed to abandon a site in New Jersey containing polychlorinated-biphenyl-contaminated oil. The court ho...
The court rules that interstate pollution is not subject to abatement action under §126 of the Clean Air Act unless it significantly contributes to violations of the national ambient air quality standards (NAAQS) in the receiving state. Ruling on a challenge to the Environmental Protection Agency's...
The court holds that a California fruit fly eradication program is not a major federal action under the National Environmental Policy Act (NEPA), and that plaintiffs lack standing to challenge the program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) or Federal Aviation Admin...
The court rules that portions of defendants' property are wetlands that were filled in violation of the Federal Water Pollution Control Act (FWPCA) and orders partial restoration of the filled areas. The court first rules that plaintiff has met its burden of proving by a preponderance of the evidenc...
The court holds that the state of Tennessee may not require the Tennessee Valley Authority (TVA) to obtain, under §402(b) of the Federal Water Pollution Control Act (FWPCA), a discharge permit for the reconstruction and operation of a dam and flume, since a dam is not a point source and it is not a...
The court rules that §311 of the Federal Water Pollution Control Act (FWPCA) does not authorize a company responsible for an oil spill to subtract cleanup costs voluntarily incurred from the amount it must pay under §311 to reimburse the federal government for the latter's cleanup costs. The court...
The court rules that prior compliance with the National Historic Preservation Act (NHPA) is not prerequisite to a condemnation action. The Army Corps of Engineers condemned appellants' lands, which include sites on the National Register of Historic Places, before complying with the study and consult...