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Northside Sanitary Landfill, Inc. v. Thomas

The court declines to review the merits of petitioner's objections to the Environmental Protection Agency's (EPA's) decision to place a site on the Comprehensive Environmental Response, Compensation, and Liability Act's National Priorities List (NPL), since petitioner failed to put EPA on proper not...

National Wildlife Fed'n v. Interstate Commerce Comm'n

The court holds that the National Trails System Act (Trails Act) does not authorize the Interstate Commerce Commission (ICC) to compel railroads to transfer unused rights-of-way for trail use, and that application of ICC transfer rules might constitute a compensable taking of the property of holders...

Lyng v. Northwest Indian Cemetery Protective Ass'n

The Court holds that the Free Exercise Clause of the First Amendment does not prohibit the federal government from permitting timber harvesting or constructing roads in the Six Rivers National Forest in California, even where these activities will interfere with native American Indian religious ritu...

Sierra Club v. Simkins Indus.

The court holds that an environmental plaintiff in a Federal Water Pollution Control Act (FWPCA) §505 citizen suit has established a continuing violation as required by the Supreme Court's decision in Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., 18 ELR 20142, and the remedy of c...

Intermountain Forest Indus. Ass'n v. Lyng

The court rules that a timber management plan (TMP) is not binding on the Forest Service, and denies plaintiff industry groups a preliminary injunction requiring the Forest Service to manage the Bridger-Teton National Forest in Wyoming in accordance with the forest TMP. The court holds that plaintif...

Public Interest Research Group of N.J. v. Carter-Wallace, Inc.

The court holds that §505 of the Federal Water Pollution Control Act (FWPCA) does not limit citizen groups to suing for civil penalties for permit violations that occurred subsequent to the filing of the complaint. The court rejects the defendant's argument that citizens may seek civil penalties on...

Moreco Energy, Inc. v. Penberthy-Houdaille

The court holds that citizen suits under the Toxic Substances Control Act (TSCA) must assert ongoing violations. The court first holds that although the disputed polychlorinated biphenyl (PCB) contaminated oil is located in another judicial district, it still has jurisdiction over whether or not the...

Moreco Energy, Inc. v. Penberthy-Houdaille

The court holds that regulations under the Toxic Substances Control Act (TSCA) governing the disposal of polychlorinated biphenyls (PCBs) apply to both generators and owners or operators of disposal facilities, and that a generator is "storing for disposal" PCB-contaminated oil within the meaning of...

Allandale Neighborhood Ass'n v. Austin Transp. Study Policy Advisory Comm.

The court holds that associations alleging that a city transportation plan would result in depressed property values have standing to challenge the plan under the Federal-Aid Highway Acts (FAHA) and the Urban Mass Transportation Act (UMTA), and that neither statute provides a private cause of action...

United States v. E&C Coal Co.

The court holds that a coal company is not entitled to the Surface Mining Control and Reclamation Act's reclamation fee exemption for operations affecting two acres or less. The court holds that the area above underground mines has been included in the definition of "affected area" since the origina...