Search : U.S. Supreme Court : Environmental Law : From 10/01/06 To 07/01/07
Number of summaries found: 5
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| Court: | U.S. Supreme Court |
| Topic: | Administrative Law, Environmental Law, Government Law, Water Law |
| Title: | Nat'l Ass'n of Homebuilders v. Defenders of Wildlife |
| Date: | 06/25/07 |
| Case Number: | 06-340, 06–549 |
| Summary: | Section 7(a)(2) of the Endangered Species Act does not effectively operate as a tenth criterion on which the EPA's transfer of certain permitting powers to state authorities under section 402(b) of the Clean Water Act must be conditioned. |
| Court: | U.S. Supreme Court |
| Topic: | Civil Procedure, Environmental Law, Government Law, Military Law |
| Title: | US v. Atlantic Research Corp. |
| Date: | 06/11/07 |
| Case Number: | 06-562 |
| Summary: | In the context of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which allows private parties to recover expenses associated with cleaning up contaminated sites, CERCLA section 107(a) provides so-called potentially responsible parties (PRPs) with a cause of action to recover costs from other PRPs. |
| Court: | U.S. Supreme Court |
| Topic: | Administrative Law, Civil Procedure, Environmental Law, Government Law, Transportation |
| Title: | Massachusetts v. Envtl. Prot. Agency |
| Date: | 04/02/07 |
| Case Number: | 05-1120 |
| Summary: | In an action brought by states, groups, and organizations alleging the EPA abdicated its responsibility under the Clean Air Act to regulate certain greenhouse gas emissions, a judgment finding that the EPA properly denied a petition for rule making is reversed where: 1) petitioners had standing to challenge the EPA's ruling; 2) the denial of a petition for rulemaking is reviewed to determine whether it was "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;" 3) the EPA has the statutory authority to regulate greenhouse gas emissions from new motor vehicles; and 4) the EPA rejected the rulemaking petition on impermissible grounds, and on remand the EPA must ground its reasons for action or inaction in the statute. |
| Court: | U.S. Supreme Court |
| Topic: | Administrative Law, Environmental Law |
| Title: | Envtl. Defense v. Duke Energy Corp. |
| Date: | 04/02/07 |
| Case Number: | 05-848 |
| Summary: | In an enforcement action involving two air pollution control schemes to the Clean Air Act, summary judgment for respondent, coal-based power plant operator, is vacated as: 1) the Court of Appeals's reading of the 1980 Prevention of Significant Deterioration (PSD) regulations, intended to align them with New Source Performance Standards (NSPS), was inconsistent with their terms and effectively invalidated them; and 2) any such result must be shown to comport with the Clean Air Act's restrictions on judicial review of EPA regulations for validity. |
| Court: | U.S. Supreme Court |
| Topic: | Administrative Law, Civil Procedure, Environmental Law, Government Law, Labor & Employment Law |
| Title: | Rockwell Int'l Corp. v. US |
| Date: | 03/27/07 |
| Case Number: | 05-1272 |
| Summary: | In a qui tam suit under the False Claims Act brought by relator-former engineer against Rockwell arising from its operation of a nuclear weapons plant and improper toxic pond sludge disposal, a circuit court ruling in favor of the relator is reversed where the district court lacked jurisdiction to enter judgment in his favor as: 1) the False Claim Act's "original source" requirement is jurisdictional; and 2) the engineer did not meet the requirement that a relator have "direct and independent knowledge of the information on which the allegations are based" for purposes of being an original source. |