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Court of appeals jurisdiction, §307(b)

Solid Waste Agency of N. Cook County v. Corps of Eng'rs

The court holds that the U.S. Army Corps of Engineers has jurisdiction under the Migratory Bird Rule to require a consortium of municipalities to obtain a Federal Water Pollution Control Act (FWPCA) §404 permit before filling ponds and...

Driscoll v. Adams

The court holds a landowner liable under the Federal Water Pollution Control Act (FWPCA) for discharging polluted stormwater without a permit into a stream on his property that flows into ponds on his neighbors' property. The discharges...

Piney Run Preservation Ass'n v. County Comm'rs of Carroll County, Md.

The court holds that a county's sewage treatment plant violated Federal Water Pollution Control Act (FWPCA) §301(a) by discharging heat into a stream located near environmental group members' homes. The court first holds that according...

Michigan Peat v. EPA

The court reverses a district court's dismissal of a peat company's Federal Water Pollution Control Act (FWPCA) §404 and takings claims against the federal government concerning a proposed §404 permit. The court first holds that the...

Ross v. Federal Highway Admin.

The court affirms a district court decision enjoining further construction on a Kansas highway project until the Federal Highway Administration (FHwA) completes a National Environmental Policy Act (NEPA) supplemental environmental...

Uniroyal Chem. Co. v. Deltech Corp.

The court holds several transportation companies liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs incurred by a chemical manufacturer after a tanker truck carrying...

Briggs & Stratton Corp. v. Concrete Sales & Servs.

The court holds that under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the former owners of a contaminated site in Georgia are liable for the disposal of hazardous waste at the site. A potentially...

United States v. Hallmark Constr. Co.

The court holds in a motion for reconsideration that the United States is the proper plaintiff in an action against a landowner for allegedly filling a five-acre isolated wetland without obtaining a permit under Federal Water Pollution...

United States v. Brighton, Township of

The court remands a district court decision holding a township jointly and severally liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the cleanup of property once used as a dump. The...

A & W Smelter & Refiners, Inc. v. Clinton

The court holds that although ore from a smelter's processing facility is a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), denying the smelter reimbursement for its...