The court rules that neither the Toxic Substances Control Act (TSCA) nor New Jersey's Right-to-Know Act provides a private cause of action for money damages by an injured employee. Plaintiff was injured in an explosion while cleaning a tankertrailer that contained a dangerous substance, and he now s...
The court holds that plaintiffs are barred from seeking judicial review under §526 of the Surface Mining Control and Reclamation Act (SMCRA) of the Department of the Interior's assumption of direct enforcement of SMCRA in Oklahoma, since they failed to file their complaint within 60 days of the Dep...
The court holds that the obligation of a coal company's agent to comply with an injunction issued pursuant to the Surface Mining Control and Reclamation Act requiring reclamation of an area disturbed by mining activity was discharged in the agent's liquidation bankruptcy. The court holds that defend...
The court holds a thermometer manufacturer liable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 and Resource Conservation and Recovery Act (RCRA) §7002 for mercury contamination and associated costs of cleanup. The court first holds that the action is no...
The court affirms its earlier decision ruling that the 60-day notice requirement in §7002(b) of the Resource Conservation and Recovery Act (RCRA) is jurisdictional, denying a petition for rehearing and a suggestion for rehearing en banc. The plain language of §7002(b) demonstrates that 60 days' no...
The court holds that the Interstate Commerce Commission (ICC) adequately considered environmental and historical factors in deciding to permit abandonment of a railroad line. The court first holds that even if the ICC initially authorized abandonment without adequately considering environmental or h...
The court holds that the district court had subject matter jurisdiction over a Clean Air Act citizen suit alleging that a Philadelphia sewage treatment plant violated odor regulations in the Pennsylvania state implementation plan (SIP) and properly held Philadelphia in civil contempt for violating a...
The court holds a county that owns a solid waste disposal site liable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 to a water utility for its expenses to monitor groundwater contamination from the site, ruling that causation is determined under a "substa...
The court rules that the costs of medical testing and screening to assess the effect of a release of hazardous substances on public health or to identify potential public health problems are recoverable response costs under §107(a) of the Comprehensive Environmental Response, Compensation, and Liab...
The court holds that plaintiffs' citizen suit under §505 of the Federal Water Pollution Control Act (FWPCA) is not precluded by a subsequently filed federal enforcement action, and that the discovery and pretrial motions of the two actions will be consolidated. The court first holds that the federa...