The court rules that the five-year statute of limitations in 28 U.S.C. §2462 applies in citizen enforcement suits under the Federal Water Pollution Control Act (FWPCA) and that violations recorded in defendant's discharge monitoring reports (DMRs) are conclusive on the issue of liability except tho...

The court grants defendants' motion for judgment on the pleadings, treating it as a motion for summary judgment, and denies plaintiff's motion for summary judgment. The Postal Service was constructing a new mail processing facility and planned to move some of plaintiff Dover Township's operations to...

The court holds that negligent conduct may be part of a cause of action for nuisance and that plaintiff was not prejudiced by a jury instruction that specifies that contributory negligence may be a defense in such an action. Plaintiff owned an automobile storage lot near defendant's oil-fired power ...

The court dismisses plaintiff's challenge to the Nuclear Regulatory Commission's (NRC) docketing and processing of New England Power Company's applications for permits to construct two light-water nuclear power plants. The district court does not have jurisdiction over NRC's action because plaintiff...

Plaintiffs brought suit for civil penalties and injunctive relief, claiming that the level of air pollution emitted from certain of defendants' jet engine test cells violates local and state air quality standards contained in the California implementation plan, 40 C.F.R. §52.220, which was approved...

The court holds that regulations adopted by the Nuclear Regulatory Commission (NRC) that eliminate case-by-case review of the financial qualifications of electric utilities seeking operating licenses are authorized by the Atomic Energy Act (AEA) and are not arbitrary and capricious. The new rule mak...

The court holds that the Pennsylvania Solid Waste Management Act (SWMA) authorizes warrantless searches of solid waste facilities, but the Act violates the Fourth Amendment of the United States Constitution since it does not establish adequate standards outlining the circumstances under which a warr...

The court holds that a district court lacked jurisdiction to hold that a regulation issued under the Surface Mining Control and Reclamation Act exceeded the Secretary of the Interior's statutory authority, since this constitutes an attack on the validity of the regulation that must be brought in the...

In a per curiam order, the court reverses the decision of the Commonwealth Court holding that a warrantless inspection of a hazardous waste facility violated the Fourth Amendment of the United States Constitution and remands the case to the lower court in light of its recent ruling in Commonwealth v...

The court holds that the United States and not California has title to land exposed as a result of the recession of Mono Lake. Approximately 12,000 acres of lake bed has been exposed during the 45 years that the city of Los Angeles has been diverting water from the lake's feeder streams to help supp...