The court rules that a state hazardous waste agency's failure to take reasonable and necessary steps to monitor groundwater near a solid waste landfill at Flemington, North Carolina, in which hazardous wastes were disposed might constitute "contribution to" the disposal of hazardous wastes under §7...

In a suit alleging that wastes at a local landfill contaminated groundwater and land, the court holds that the Pennsylvania Solid Waste Management Act provides no private cause of action; plaintiffs have standing under the Pennsylvania Storm Water Management Act; a state administrative enforcement p...

The court holds that defendant is liable to the state under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act for response costs and natural resource damage. The state's evidence of seepage from unlined waste disposal areas and of materials blowing from a pile contai...

The court rules that states may not bring citizen suits under §505(a) of the Federal Water Pollution Control Act (FWPCA) or FWPCA §309(d) actions for civil penalties. The court first holds that it lacks jurisdiction under FWPCA §505(a) over a suit brought by California seeking civil penalties for...

The court holds that neither a state judicial enforcement action resulting in a stipulated judgment nor a subsequent state administrative enforcement of the judgment constitutes "diligent prosecution" barring a Federal Water Pollution Control Act citizen suit. The court initially holds that defendan...

The court holds that a citizens' group is barred by the doctrines of laches and virtual representation from moving to enjoin a major development project in Brooklyn, New York, on the grounds that city officials and the developer violated the National Environmental Policy Act (NEPA) and the National ...

The court, ruling on a petition for rehearing filed by landowner, vacated the lower court's order denying the preliminary injunction because the only ground on which the court clearly based its denial of injunctive relief was its erroneous interpretation of the NHPA. The court observes, however, tha...

The court upholds the district court's decision to deny the Incline Village General Improvement District (IVGID), a public district, intervention in a suit by California challenging the adequacy of a plan by the Tahoe Regional Planning Agency (TRPA) to reduce land erosion and lake sediment in Lake T...

The court holds that the drawdown by a Tennessee agency of the water level of a lake on state land leased to the United States Fish and Wildlife Service (FWS) and maintained as a national wildlife refuge is a major federal action requiring preparation of an environmental impact statement (EIS). The ...

The court holds that the Office of Surface Mining (OSM) may assess a reclamation fee on coal produced in the United States based on the gross weight of coal prior to sale, even though the material taxed includes impurities, such as water, attributable to the post-extraction process. The court first ...