The court holds that a county-operated landfill that imposed volume restrictions and increased rates on plaintiff's municipal solid waste processing facility that receives out-of-state waste does not violate the Commerce Clause, plaintiff's due process, or equal protection rights. The court first ho...

The court holds that a wood processing plant has violated the Clean Air Act's prevention of significant deterioration (PSD) program, and assesses a civil penalty of $65,000. The court first holds that Clean Air Act §113(a)(1)'s requirement for 30-day notice before the Environmental Protection Agenc...

The court holds that the corporate successor to a company that released radium tailings at its plant site is liable to a subsequent innocent purchaser of the site under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The site, located in Orange, New Jersey, had be...

The court upholds the New Jersey Spill Compensation and Control Act against federal constitutional challenges but adds a good-cause exception to the provision for the assessment of treble damages. Appellants sought to challenge a Department of Environmental Protection (DEP) directive requiring them ...

The court holds that the Environmental Protection Agency (EPA) may serve notice of a Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) violation by sending a certified letter rather than personal service, but that the EPA Regional and Chief Administrators inadequately reviewed the civil pe...

The court holds that Louisiana has standing in its quasi-sovereign capacity to challenge the Secretary of Commerce's regulations requiring shrimp trawlers to reduce the incidental catch of sea turtles by using turtle exclusion devices (TEDs), and that the regulations are not arbitrary and capricious...

The court holds that Minnesota's wetland's mapping and inventory statute does not violate due process and that the statute's reservation of existing water rights does not allow a permit applicant to enlarge or rebuild a private drainage ditch and drain a protected wetland on his property. The applic...

The court holds that, subject to a good cause exception, the provisions of a directive requiring a landfill operator to fund a remedial investigation/feasibility study or face treble damages for noncompliance are valid under the New Jersey Spill Compensation and Control Act. The court applies the in...

The court holds that petitioner's challenge to the Environmental Protection Agency's (EPA's) "block average" method of determining compliance with the Clean Air Act's national ambient air quality standards for sulfur dioxide is not ripe for review. In PPG Industries, Inc. v. Costle, 11 ELR 20858, th...

The court holds a chemical company that disposed of hazardous waste liable for contamination of drinking water, but orders the district court below to recalculate the amount of damages. The court first finds that it has subject matter jurisdiction over the case. Although the defendant properly chall...