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Eddleman v. NRC

The court holds that petitioner citizen groups' procedural rights were not violated when the Nuclear Regulatory Commission (NRC) permitted the Shearon Harris Nuclear Power Plant in North Carolina to begin full operations. The court first holds that petitioners had no right to notice and an opportuni...

Gloucester, Township of v. Maryland Casualty Co.

The court holds that insurance companies must indemnify the township of Gloucester for cleanup and closure costs at the township's landfill under the terms of a comprehensive general liability policy, but not for fines and penalties assessed against the township for violations of state environmental...

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

The Court rules that citizens may not bring suit under Federal Water Pollution Control Act (FWPCA) §505 for wholly past violations, but may bring suit if they make a good-faith allegation of continuous or intermittent violations. The most natural reading of FWPCA §505's provision allowing citizen ...

Blue Legs v. EPA

The court rules that an Indian tribe is a "person" within the meaning of the Resource Conservation and Recovery Act (RCRA), RCRA preempts tribal sovereign immunity from citizen suits, and the Environmental Protection Agency (EPA) has no authority to regulate solid waste on an Indian reservation. The...

United Technologies Corp. v. OSHA

The court holds that the Occupational Safety and Health Administration's amendments to its Hazard Communication Standard were not "promulgated" within the meaning of the Occupational Safety and Health Act until they were published in the Federal Register. The use of both "issued" and "promulgated" i...

Washington State Dep't of Game v. Interstate Commerce Comm'n

The court holds that the Interstate Commerce Commission permissibly interpreted §208 of the National Trails System Act Amendments of 1983 as conditioning rail-to-trail conversions on the negotiation of voluntary agreements between abandoning railroads and prospective interim trail users. The statut...

Woodland Private Study Group v. State

The court holds that an administrative order issued by the New Jersey Department of Environmental Protection (DEP) that limits the participation of potentially responsible parties (PRPs) in the development of remedial investigations/feasibility studies (RI/FSs) is not an intraagency statement exempt...

Dow Chem. Co. v. EPA

The court holds that an Environmental Protection Agency (EPA) Regional Administrator's interpretation in a letter of a federal regulation concerning vinyl chloride discharges is not final agency action for purposes of judicial review under the Clean Air Act. The court first holds that petitioner is ...

Chemical Waste Management, Inc. v. EPA

The court holds that plaintiffs have shown that the Environmental Protection Agency's (EPA's) application of its 1985 off-site policy and the policy's codification in §121(d)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) may be unconstitutionally vague. Th...

Idaho v. Hanna Mining Co.

The courtholds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(f) requires a specific finding using the words "irreversible" and "irretrievable" to exempt natural resource damage from CERCLA liability, and that CERCLA §107(j) exempts from CERCLA liability n...