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United States v. San Diego, City of

The court awards an environmental group $781,306 in attorney fees pursuant to Federal Water Pollution Control Act (FWPCA) §505(d). The group intervened to block the entry of a proposed consent decree in an FWPCA enforcement proceeding...

Pfiesteria Piscicida: A Regional Symptom of a National Problem

Editors' Summary: Pfiesteria piscicida, a sometimes toxic microorganism, is responsible for the death of millions of fish in Delaware, Maryland, North Carolina, and Virginia. Although the problem of Pfiesteria-...

East Bay Mun. Util. Dist. v. Department of Commerce

The court holds that the U.S. government is not liable as an operator under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for hazardous waste cleanup costs at an abandoned mine site. The court first...

Russian River Watershed Protection Comm. v. Santa Rosa, City of

The court holds that the executive officer of a regional board had the discretion to determine a city's method of compliance with national pollutant discharge elimination system (NPDES) permits. The court first holds that the district...

State Enforcement Authorities for Polluted Runoff

Editors' Summary: Because the FWPCA's enforcement provisions focus on discharges from point sources, nonpoint source water pollution remains a significant problem. State and federal efforts to address nonpoint source pollution...

Newton County Wildlife Ass'n v. Rogers

The court upholds the U.S. Forest Service's approval of four timber sales in the Ozark National Forest. A coalition of environmental groups sued the Forest Service to enjoin or set aside the timber sales. The court first holds that the...

Waste Action Project v. Dawn Mining Corp.

The court holds that the U.S. Environmental Protection Agency (EPA) does not have the authority to regulate the discharge of uranium mill tailings into the nation's waterways under the Federal Water Pollution Control Act (FWPCA). The...

Armstrong v. ASARCO, Inc.

The court pursuant to §505(d) of the Federal Water Pollution Control Act (FWPCA) affirms the award of litigation costs to plaintiffs for work reasonably related to the results obtained from their FWPCA citizen suit against a lead...

Robbins v. United States

The court holds that a U.S. Army Corps of Engineers' determination that landowners' property comprised jurisdictional wetlands, which resulted in the recision of a private contract for the sale of the property, did not constitute a...

United States v. Apex Oil Co.

The court holds that a regulation barring the discharge of cargorelated oil residue (CROR) is ambiguous and, therefore, dismisses an indictment against an oil company for the discharge ofmuck produced by ship cleaning. Under the Act to...