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Citizens for Responsible Envtl. Management v. Attleboro Mall, Inc.

The court holds that the grandfather clause in regulations enacted in 1983 under the Massachusetts Wetlands Protection Act (WPA) excluding projects already in the regulatory pipeline from the more stringent 1983 regulations is valid. The state Department of Environmental Quality and Engineering (DEQ...

California Fish & Game Comm'n v. Hodel

The court rules that the Stevens Amendment to the Department of Interior (DOI) Appropriations Act, which prohibits the use of appropriated funds to require the use of steel shot for waterfowl hunting in any state without the state's consent, does not limit the power of DOI under the Endangered Speci...

Chemical Waste Management, Inc. v. Armstrong World Indus.

The court holds that the owner/operator of a Resource Conservation and Recovery Act (RCRA) interim status facility and potentially responsible party (PRP) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) may recover CERCLA response costs from generators absent...

Clam Shacks of Am., Inc. v. Skagit County

The court rules that Washington's Shoreline Management Act (SMA) authorizes local governments to require conditional use permits for shoreline activities that do not constitute "developments" as defined by the SMA. Plaintiff contends that its use of a hydraulic rake to harvest clams from mudflat tid...

Concerned Citizens of Bridesburg v. EPA

The court holds that the Environmental Protection Agency (EPA) violated the Clean Air Act by rescinding 14 state and local odor regulations contained in Pennsylvania's state implementation plan (SIP), without first suggesting the proposed revisions to Pennsylvania and seeking Pennsylvania's response...

Dickerson v. Administrator

The court holds that the Environmental Protection Agency (EPA) was authorized to enter appellants' property and remove hazardous substances pursuant to §104 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and that appellants are not entitled to preenforcement j...

Chemical Waste Management, Inc. v. EPA

The court approves stipulations entered into by plaintiffs and the Environmental Protection Agency in plaintiffs' challenge to EPA's application of its 1985 off-site policy and §121(d)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The stipulations provide...

Commonwealth v. PBS Coals, Inc.

The court holds two mining companies strictly, jointly, and severally liable under Pennsylvania's Clean Streams law and the state Surface Mining Conservation and Reclamation Act (state SMCRA) for polluting a town's groundwater supply where each company's contribution to the pollution cannot be deter...

Cadillac Fairview/Cal., Inc. v. Dow Chem. Co.

The court rules that prior federal authorization is not required for private parties to recover response costs under §107(a) of the Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA). The court also holds that prior state or local action is not required for private acti...

Colorado v. Idarado Mining Co.

The court holds that a parent corporation and a management services subsidiary are owners and operators under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107. The court lists as factors to consider in determining whether a parent corporation is a CERCLA owner or ...