The court rules that provisions in the New Mexico Constitution and statutory law barring export of New Mexico groundwater violate the Commerce Clause. First, the court dismisses jurisdictional defenses to the suit based on standing, justiciable controversy, the Eleventh Amendment, and joinder of ind...

The court rules that the names of recipients of Environmental Protection Agency (EPA) notice letters under §104 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are not exempt from disclosure under the Freedom of Information Act (FOIA). The court rules that the ...

The court upholds the Environmental Protection Agency's (EPA's) 1980 designation, based on 1978 monitored violations of the national ambient air quality standards, of Milwaukee, Wisconsin as a nonattainment area for sulfur dioxide (SO2) and EPA's 1982 decision, based on air quality modeling, not to ...

The court dismisses for want of appellate jurisdiction the federal government's appeal of a district court decision, 12 ELR 21051, that non-negligent, past, off-site generators of hazardous waste are not liable under the imminent hazard provisions of §7003 of the Resource Conservation and Recovery ...

The court enjoins the Secretary of the Interior from issuing outer continental shelf oil and gas leases in Alaska pending compliance with the National Environmental Policy Act and the Endangered Species Act (ESA). The court rules that the Secretary fully complied with the Outer Continental Shelf Lan...

The court rules that Maine's Site Location of Development Law does not authorize the Board of Environmental Protection to deny a permit in order to preserve the agricultural resources of a site. Plaintiff sought a permit to remove the topsoil from 40 acres of his prime cropland. The Board denied the...

The D.C. Circuit affirms the decision of the district court, 12 ELR 20570, that the Natural Resources Defense Council, Inc. v. Train settlement agreement detailing a program for the Environmental Protection Agency (EPA) to develop regulations for controlling discharges of toxic pollutants under the ...

The court sustains the Environmental Protection Agency's (EPA's) decision not to reconsider the economic impact of its electroplating wastewater pretreatment standards on plants with combined wastestreams. The court first notes that several aspects of Ford's petition to EPA for reconsideration of th...

The court upholds all but one provision of Environmental Protection Agency (EPA) regulations under §207(b) of the Clean Air Act that establish a performance warranty program for repair of motor vehicle emission control systems. The court rules that EPA's failure to establish a parts certification p...

The court denies plaintiff reimbursement for oil spill cleanup costs under §311(i)(1) of the Federal Water Pollution Control Act because plaintiff could have prevented the spill through diligent upkeep of its pipeline and plaintiff's use of the line was a contributing cause of the spill. Plaintiff ...