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Atlantic States Legal Found. v. Tyson Foods, Inc.

The court holds that a citizen suit under §505 of the Federal Water Pollution Control Act (FWPCA) alleging violations at one of defendant's plants is barred by the issuance of a state administrative order, and stays a citizen suit alleging violations at a second plant that may be rendered moot when...

Chesapeake Bay Found. v. Gwaltney of Smithfield, Ltd.

On remand from the Supreme Court's decision that citizen plaintiffs suing under §505 of the Federal Water Pollution Control Act must make a good-faith allegation of ongoing violation, the court concludes that plaintiffs' allegation in this case was adequate. Interpreting the Supreme Court's opinion...

Defenders of Wildlife v. Administrator

The court holds that registration by the Environmental Protection Agency (EPA) of strychnine under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for above-ground use as a rodenticide violates the Administrative Procedure Act (APA), the Bald and Golden Eagle Protection Act (BGEPA), ...

Golden Gate Audubon Soc'y, Inc. v. Corps of Eng'rs

The court rules that §505 of the Federal Water Pollution Control Act (FWPCA) authorizes citizen suits against the Corps of Engineers for alleged failures to perform non-discretionary obligations under its dredge and fill program, and that lands filled and converted to dry land after 1975 may still ...

Friends of the Earth v. Department of the Navy

The court holds that its injunction prohibiting the United States Navy from constructing a homeport in Everett, Washington, without a permit under Washington's Shoreline Management Act is dissolved, since the permit has been issued and is final for purposes of judicial review.
[The court's previous...

California v. Department of Defense

The court rules that the federal government has not waived its sovereign immunity under Resource Conservation and Recovery Act (RCRA) §6001 to actions brought by states for civil penalties. Waivers of sovereign immunity must be clear and unambiguous. Civil penalties are not clearly included in RCRA...

Asbestec Constr. Servs., Inc. v. EPA

The court holds that a compliance order issued by the Environmental Protection Agency (EPA) under Clean Air Act §113(a)(3), finding a violation of the asbestos standards under §112, is not subject to judicial review. The plaintiff is an asbestos abatement contractor that performed asbestos removal...

Citizens Comm. for the Hudson Valley v. Volpe

Three-judge panel affirms district court order voiding Army Corps permit for landfill for proposed Hudson River Expressway. District court properly assumed subject matter jurisdiction under APA and Abbott Lab. v. Gardner. Citizens Committee and Sierra Club have standing because of "adversary" and "l...

Durning v. ITT Rayonier, Inc.

Defendant's motion for dismissal granted in qui tam action in which plaintiff was attempting to recover one-half of any fines levied for violations of the Refuse Act by defendant's pulp mill. The court held that if it allowed plaintiff's suit to go forward it would have to determine priority between...

Bucklein v. Volpe

Taxpayer's class action under the National Environmental Policy Act (NEPA) to enjoin the Secretary of Transportation from committing emergency relief funds for road repair under 23 U.S.C. §125 dismissed by court, because the complaint did not state a valid claim for relief. NEPA held to be a declar...