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ASARCO, Inc. v. OSHA

The court rules that the Occupational Health and Safety Administration's (OSHA's) maximum permissible exposure level (PEL) for airborne arsenic nonferrous metal smelting facilities is supported by substantial evidence. The court first upholds OSHA's conclusion that the current PEL of 500 micrograms ...

Exxon Corp. v. Hunt

The court rules that §114(c) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt state hazardous waste cleanup funds so long as those funds cannot be used to compensate for cleanup actions actually compensated for under CERCLA. Initially, the court...

General Pub. Utils. Corp. v. United States

The court holds that a suit by the owners and operators of the Three Mile Island (TMI) nuclear facility against the Nuclear Regulatory Commission (NRC) alleging that the agency failed to properly warn them of safety hazards and design defects is barred by the discretionary function exception of the ...

Dirt, Inc. v. Mobile County Comm'n

The court holds that Alabama's statute regulating Mobile County's waste management system is not unconstitutional on its face, but that the County Commission denied plaintiffs due process by failing to notify them when the Commission would vote on their landfill permit application. The court first h...

Velsicol Chem. Corp. v. Reilly Tar & Chem. Corp.

The court holds that plaintiff may seek a declaratory judgment pursuant to §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to establish defendant's liability for the disposal of coal tar sludge in a holding tank located on property sold to plaintiff by def...

Whitney Benefits, Inc. v. United States

The court holds that a Tucker Act suit brought by Wyoming landowners seeking just compensation for an alleged Fifth Amendment taking of their coal mining interests by the strip mining prohibition in Surface Mining Control and Reclamation Act (SMCRA) §510(b)(5) is not barried by the existence of tha...

Bulk Distribution Ctrs., Inc. v. Monsanto Co.

The court rules that plaintiff's action for a declaration of defendants' liabilities to it for the costs of cleaning up a spill of toxic chemicals under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not ripe for review because plaintiff's cleanup proposal has ...

Delaware Valley Citizens' Council for Clean Air v. Pennsylvania

The court holds that the district court did not abuse its discretion by refusing Pennsylvania's motion to vacate the 1978 federal consent decree mandating implementation of an automobile emission inspection and maintenance program in light of a Pennsylvania Supreme Court decision enjoining complianc...

Wehner v. Syntex Corp.

The court rules that trial by jury is not available to a private party seeking response costs under the Comprehensive Environmental Response, Compensation and Liability Act because relief under the Act is equitable in nature. However, the court denies defendant's motion to dismiss plaintiffs' reques...

Washington v. EPA

The court holds that the Resource Conservation and Recovery Act (RCRA) does not empower states to regulate Indians' hazardous waste activities on Indian lands. EPA refused to approve Washington's proposed state program because it purported to regulate such activities. The court first holds it has ju...