The court rules that the Federal Water Pollution Control Act's (FWPCA's) citizen suit provisions are constitutional, the provisions are satisfied if notice is provided to the government of some of the violations to be alleged and the remaining violations are similar, and continuous permit violations...
The court holds that the Army Corps of Engineers did not violate state law or the National Environmental Policy Act (NEPA) in undertaking maintenance dredging of a federally authorized navigation channel and choosing a particular disposal site for spoil material from the project. Plaintiff landowner...
In a per curiam opinion, the court affirms the district court's holding that the Army Corps of Engineers did not violate state law or the National Environmental Policy Act in undertaking maintenance dredging of a federally authorized navigation channel and choosing a particular disposal site for spo...
The court holds that a challenge to orders issued by the Nuclear Regulatory Commission (NRC) authorizing low-power testing at the Shoreham nuclear power plant in New York was mooted when the low-power testing was conducted. The court therefore does not reach claims raised by Suffolk County and the g...
The court holds that the issuance of an Environmental Protection Agency (EPA) order under the Comprehensive Environmental Response, Compensation, and Liability Act requiring access to private property does not constitute a taking without just compensation in violation of the Fifth Amendment. EPA iss...
The court holds that the Eleventh Amendment does not bar Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response cost claims against the California State Lands Commission. Although the Eleventh Amendment grants sovereign immunity to states in federal court, Congress c...
The court holds that the 1986 amendments to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) moot Rhode Island's challenge of the Environmental Protection Agency's (EPA's) selected response action at the Picillo site in Coventry, Rhode Island, because CERCLA §121(d...
The court upholds the Environmental Protection Agency's (EPA's) decision not to require adjustments in the corporate average fuel economy (CAFE) ratings for automobile manufacturers' sales fleets based on changes in testing procedures for road load power settings, but retroactive debits are needed f...
The court holds that the closure of county landfills to out-of-county waste other than that which the landfill authorities were required to accept by contract does not violate the Equal Protection Clause or antitrust laws. The court first holds that the district court's failure to give plaintiffs 10...
The court holds that the Army Corps of Engineers is not subject to mandamus to compel enforcement of the conditions of a dredge and fill permit issued under §404 of the Federal Water Pollution Control Act (FWPCA) and §10 of the Rivers and Harbors Act (RHA), since the decision to enforce is a matte...