The court holds that the Federal Water Pollution Control Act (FWPCA) authorizes the Environmental Protection Agency (EPA) to object to a state-issued national pollutant discharge elimination system (NPDES) permit and to assume permitting authority for that discharger. The court first holds that EPA ...

The court holds that Texas statutes requiring Environmental Protection Agency (EPA) emission control certification and approval prior to titling of imported "gray market" automobiles are preempted by §209 of the Clean Air Act, but are not preempted by the National Traffic and Motor Vehicle Safety A...

The court holds that the Environmental Protection Agency (EPA) correctly applied its regulations under the Resource Conservation and Recovery Act (RCRA) in finding violations of the recordkeeping and groundwater monitoring requirements. The court first holds that EPA properly applied its regulations...

The court holds that it has jurisdiction to review a determination by the Environmental Protection Agency (EPA) to terminate a facility's interim status under the Resource Conservation and Recovery Act (RCRA) and upholds EPA's interpretation of RCRA's requirement for certification by November 8, 198...

The Court holds that Forest Service regulations, federal public land statutes, and the Coastal Zone Management Act (CZMA) do not preempt the California Coastal Commission's requirement that a mining company obtain a state permit to work its unpatented mining claims located in a national forest. The ...

The court holds that a past generator of industrial pesticide wastes has no duty under the South Carolina Pollution Control Act (Act) to prevent continued leaching of chemicals into groundwater at a disposal site, and liability under the Act is prospective only. The court first holds that a past gen...

The court upholds the Ohio Hazardous Waste Facility Approval Board's issuance of a permit for a hazardous waste storage and treatment facility to be located along the Ohio River. The court first holds that the statutory provision requiring the board to deny an application for a hazardous waste facil...

The court rules that intentional conduct is not a prerequisite to the imposition of civil penalties under the New Jersey Solid Waste Management Act (SWMA) and Water Pollution Control Act (WPCA). The court initially holds that the trial court abused its discretion in refusing to impose penalties on d...

The court holds that the Environmental Protection Agency (EPA) could validly consider a downstream state's color standard in assuming authority over a Federal Water Pollution Control Act (FWPCA) permit issued by an upstream state. The court concludes that the recent Supreme Court ruling in Internati...

The court rules that civil penalties under the New Jersey Solid Waste Management Act (SWMA) may be imposed on violators in the absence of proof of willfulness or intention to violate the Act. The court first holds that the trial court correctly found thatdefendant, the owner-operator of a sanitary l...