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Gambell, Village of v. Hodel

The court holds that the district court erred when it refused to preliminarily enjoin oil and gas exploration on lease sales in the outer continental shelf (OCS) off Alaska even though plaintiffs demonstrated a strong likelihood of success on the merits for their claim that the Secretary of the Inte...

Center for Nuclear Responsibility v. NRC

The court holds that appellants failed to file a timely notice of appeal to the district court's dismissal of their suit challenging the Nuclear Regulatory Commission's (NRC's) refusal to hold a hearing prior to the effective date of proposed amendments to a nuclear power plant's operating license. ...

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

The court rules that the Illinois Environmental Protection Act (IEPA) preempts the field of sanitary landfill regulation in the state. The court, addressing sua sponte possible limits on its ability to hear the state-law preemption claim, holds that abstension is not appropriate, because there is co...

Connecticut Fund for the Env't v. Job Plating Co.

The court rules that §505 of the Federal Water Pollution Control Act (FWPCA) authorizes a citizen suit seeking penalties for past violations of a permit regardless of the subsequent filing and settlement of a state suit for prospective relief. The court first rules that the five-year federal statut...

Formosa Plastics Corp. v. Wilson

The court holds that the Secretary of the Delaware Department of Natural Resources and Environmental Control did not violate due process by revoking a plastics manufacturer's operating permits without a hearing. The plaintiff is not entitled to a preliminary injunction to stay the revocaton without ...

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

The court holds that §505 of the Federal Water Pollution Control Act (FWPCA) allows citizens to seek civil penalties for past violations of national pollutant discharge elimination system (NPDES) permits, that each violation of a monthly average limitation may be treated as equivalent to a daily vi...

Woodland Private Study Group v. State

The court holds that an administrative order issued by the Department of Environmental Protection (DEP) Commissioner insuring DEP control of any remedial investigation/feasibility study of hazardous discharges under the New Jersey Spill Act is a rule subject to the procedural requirements of the Adm...

Connecticut Fund for the Env't v. Contract Plating Co.

The court holds that a state enforcement action precludes a Federal Water Pollution Control Act (FWPCA) citizen suit even though the settlement in the state action is less comprehensive than the remedy sought in the citizen suit. The court initially notes that it is undisputed that the state enforce...

Florida Rock Indus. v. United States

The court holds that the Corps of Engineers' (Corps') denial of a Federal Water Pollution Control Act (FWPCA) §404 permit to mine limestone in Florida is not necessarily a taking of private property requiring just compensation simply because it inhibits the landowner's ability to make a profit.The ...

Dow Chem. Co. v. United States

The Court holds that the Environmental Protection Agency's (EPA's) aerial photography of petitioner's chemical manufacturing facility is within its statutory authority under Clean Air Act §114(a) and was not a warrantless search prohibited by the Fourth Amendment. After petitioner denied EPA's requ...