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California Coastal Comm'n v. Granite Rock Co.

The Court holds that Forest Service regulations, federal public land statutes, and the Coastal Zone Management Act (CZMA) do not preempt the California Coastal Commission's requirement that a mining company obtain a state permit to work its unpatented mining claims located in a national forest. The ...

Carolina Chems., Inc. v. South Carolina Dep't of Health & Envtl. Control

The court holds that a past generator of industrial pesticide wastes has no duty under the South Carolina Pollution Control Act (Act) to prevent continued leaching of chemicals into groundwater at a disposal site, and liability under the Act is prospective only. The court first holds that a past gen...

West Virginia v. Ohio Hazardous Waste Facility Approval Bd.

The court upholds the Ohio Hazardous Waste Facility Approval Board's issuance of a permit for a hazardous waste storage and treatment facility to be located along the Ohio River. The court first holds that the statutory provision requiring the board to deny an application for a hazardous waste facil...

Department of Envtl. Protection v. Lewis

The court rules that intentional conduct is not a prerequisite to the imposition of civil penalties under the New Jersey Solid Waste Management Act (SWMA) and Water Pollution Control Act (WPCA). The court initially holds that the trial court abused its discretion in refusing to impose penalties on d...

Champion Int'l Corp. v. EPA

The court holds that the Environmental Protection Agency (EPA) could validly consider a downstream state's color standard in assuming authority over a Federal Water Pollution Control Act (FWPCA) permit issued by an upstream state. The court concludes that the recent Supreme Court ruling in Internati...

Department of Envtl. Protection v. Harris

The court rules that civil penalties under the New Jersey Solid Waste Management Act (SWMA) may be imposed on violators in the absence of proof of willfulness or intention to violate the Act. The court first holds that the trial court correctly found thatdefendant, the owner-operator of a sanitary l...

Eagle Found., Inc. v. Dole

The court holds that the Department of Transportation (DOT) and state officials satisfied §4(f) of the Department of Transportation Act (DOTA) in selecting from among 10 alternatives the Napoleon Hollow on the Illinois River as the most cost-effective, environmentally least-disruptive, and safest s...

Eagle-Picher Indus. v. EPA

The court upholds as reasonable the Environmental Protection Agency's (EPA's) designation and listing on the National Priorities List (NPL) of five hazardous waste sites for priority cleanup under §105(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act. The court hol...

E&E Hauling, Inc. v. Forest Preserve Dist. of DuPage County, Ill.

The court holds that an ordinance enacted by a local forest district to increase the percentage of revenues that the operator of a sanitary landfill must pay to the government pursuant to a contract is preempted by the Illinois Environmental Protection Act (IEPA), but another ordinance restricting t...

Coalition on Sensible Transp. v. Dole

The court holds that federal, state, and local officials did not violate §4(f) of the Department of Transportation (DOT) Act, the National Environmental Policy Act (NEPA), or the hearing requirements of §128 of the Federal-Aid Highway Act in planning a project that would widen 16 miles of an inter...