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Water

B&B Partnership v. United States

The court affirms a district court decision upholding the U.S. Army Corps of Engineers' denial of a Federal Water Pollution Control Act (FWPCA) §404 discharge permit to fill wetlands as part of a rubble landfill project. The court first...

Oyster Bay, Town of v. Occidental Chem. Corp.

The court holds several corporations liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs associated with a New York landfill. The court first holds that by introducing...

A Job Half Finished: The Clean Water Act After 25 Years

Congress passed the Clean Water Act on October 4, 1972, by overwhelming margins—unanimously in the Senate and with a bare 11 dissenters in the House of Representatives. Rising on the Senate floor that day a full quarter-century ago, Sen...

Stewart v. Potts

The court holds that environmental activists challenging the construction of a golf course in Lake Jackson, Texas, may not bring a Federal Water Pollution Control Act (FWPCA) citizen suit action against the U.S. Army Corps of Engineers...

Knaust v. Kingston, City of

The court holds that claims, asserting violations of various environmental statutes, the common-law nuisance doctrine, and the Fifth Amendment's takings clause, based on landowners' allegations that a proposed business park's stormwater...

Regulatory Framework for the Management and Remediation of Contaminated Marine Sediments

Editors' Summary: In 1989, a National Research Council study concluded that contaminated sediments are "widespread in U.S. coastal waters" and have "potentially far-reaching consequences to both public health and the environment." A...

Umatilla Waterquality Protective Ass'n v. Smith Frozen Foods, Inc.

A district court denies an environmental group's motion to reconsider its previous holding that a corporation's national pollution discharge elimination system (NPDES) permit does not apply to any discharges to groundwater. The court...

Oxy USA, Inc. v. Babbitt

The court holds that oil and gas lessees failed to state a claim under the Outer Continental Shelf Lands Act's (OCSLA's) citizen suit provision when they challenged the U.S. Department of the Interior's (DOI's) determination that...

United States v. Banks

The court affirms a district court decision that a property owner violated the Federal Water Pollution Control Act (FWPCA) by discharging dredged material and fill into adjacent wetlands without a permit. The court first rejects the...

CERCLA's New Safe Harbors for Banks, Lenders, and Fiduciaries

Buried deep within the several thousand page Omnibus Consolidated Appropriations Act signed by President Clinton in the waning days of the 104th Congress are the first significant amendments in a decade to the much-debated Comprehensive...