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Enforcement, §113

Shawnee Trail Conservancy v. Department of Agric.

The court upholds a district court dismissal for lack of subject matter jurisdiction of recreational groups' claims that the U.S. Forest Service violated the U.S. Constitution and the Administrative Procedure Act (APA) when it...

Niagara Mohawk Power Corp. v. Consolidated Rail Corp.

The court holds that a railroad's motion to dismiss a power company's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action against it for lack of subject matter jurisdiction must be denied...

United States v. Bragg

The court upholds a district court decision ordering the upward adjustment of sentencing for three labor contractors who violated the Clean Air Act (CAA) and the Social Security Act in connection with asbestos abatement projects. The...

HRI, Inc. v. EPA

The court holds that the U.S. Environmental Protection Agency's (EPA's) decision to implement the direct federal underground injection control (UIC) program on certain New Mexico lands based on their Native American or disputed...

United States v. A-Abras Inc.

The court affirms a district court's oral sentence requiring a contractor to pay a municipal fine at a specified rate as a condition of his guilty plea to a federal charge of supervising and controlling the illegal removal of asbestos...

Alaska v. Babbitt

The court holds that a district court has jurisdiction under the Quiet Title Act (QTA) to review an Interior Board of Land Appeals' (IBLA's) decision that a Native American's claim for an allotment of land under the Native Allotment Act...

Worldworks I, Inc. v. Department of the Army

The court dismisses for lack of subject matter jurisdiction a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) citizen suit seeking to require that the U.S. Environmental Protection Agency (EPA) and the U.S...

South Bronx Coalition for Clean Air v. Conroy

The court dismisses environmental groups' motion to enjoin the sale of a former bus depot in the South Bronx, New York. The sale is part of a plan to develop a former rail yard adjacent to the depot. The plan provides for an intermodal...

Clean Air Implementation Project v. EPA

The court holds that trade associations' action for judicial review of a U.S. Environmental Protection Agency (EPA) rule permitting the use of "any credible evidence" to prove or disprove Clean Air Act (CAA) violations is not ripe for...

United States v. Dell'Aquilla

The court remands a district court decision holding a project manager and a construction company liable for violations of the asbestos national emission standards for hazardous air pollutants (NESHAPs) during the demolition of buildings...