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Broadway Christian Church v. Republic Steel Corp.

The Ohio Environmental Board of Review properly exercised its discretion when it temporarily prohibited operation of a coke oven battery pending determination of the validity of a consent agreement which authorized installation before a permit was obtained. Issuance of a stay order against a new sou...

Exxon Corp. v. Train

The Environmental Protection Agency (EPA) does not have the power to place conditions that limit waste disposal by injection into wells in the National Pollutant Discharge Elimination System (NPDES) permits for the discharge of pollutants into surface waters that it issues under §402 of the Federal...

Warm Springs Dam Task Force v. Gribble

An environmental impact statement (EIS) was not defective despite subsequently developed material showing an earthquake for which there was no historic precedent but which could destroy an earth-fill dam. Plaintiffs moved for a permanent injunction on the grounds that the Corps of Engineers failed t...

British Airways Bd. v. Port Auth. of N.Y. & N.J.

On remand from the Second Circuit, 7 ELR 20512, the court decides, after an evidentiary hearing, that the defendant's delay in determining whether existing noise regulations are applicable to the Concorde supersonic jet transport was excessive and unjustified and the consequent banning of the plane ...

Envirosafe Servs. of Idaho, Inc. v. Owyhee, County of

The court holds that the Idaho Hazardous Waste Management Act (HWMA) preempts a county ordinance governing the disposal of hazardous wastes and polychlorinated biphenyls (PCBs). The court first holds that the HWMA preempts local regulation of hazardous waste disposal. While the Act does not expressl...

Wilder v. Thomas

The court holds that the plaintiffs, who sued state and local officials under the Clean Air Act's citizen suit provision to challenge a proposed building project in midtown Manhattan, failed to state a valid claim. The court first holds that plaintiffs' claim that the project would prevent the elimi...

Cresenzi Bird Importers, Inc. v. New York

The court holds that the New York Wild Bird Law, which bans the sale of wild birds within the state, is not preempted by the Endangered Species Act (ESA) or federal quarantine law and does not impose an unconstitutional burden on interstate commerce. The court first rules that the ESA does not preem...

Dubois v. Thomas

The court rules that the Environmental Protection Agency's (EPA's) duties under §309(a)(3) of the Federal Water Pollution Control Act (FWPCA) to investigate and make findings on alleged FWPCA violations and to take enforcement action if a violation is found are discretionary. The court first rules ...

United Technologies Corp. v. EPA

The court holds that the Environmental Protection Agency's (EPA's) final rule issued in 1985 without notice and comment to incorporate the requirements from the 1984 amendments to the Resource Conservation and Recovery Act (RCRA) is, for the most part, reasonable and consistent with the amendments. ...

Dickerson, Inc. v. Holloway

The court holds that the Federal Tort Claims Act (FTCA) does not waive the federal government's sovereign immunity for negligent selection of a hazardous waste disposal contractor, but does make the government subject to liability for negligent failure to ensure that the waste disposal was properly ...