Cartoons, -> Environmental Cases Cartoons
Cooper Industries, Inc. v. Aviall Services, Inc. cartoons image illustration picture
Cooper Industries, Inc. v. Aviall Services, Inc.

Description:
CERCLA authorizes contribution for environmental cleanup costs from other responsible parties only when the party seeking contribution has been sued under CERCLA 106 or 107(a). CERCLA liability; CERCLA contribution action.

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Alaska Department of Environmental Conservation v. Environmental Protection Agency cartoons image illustration picture
Alaska Department of Environmental Conservation v. Environmental Protection Agency

Description:
The EPA authority under the Clean Air Act includes the power to mandate the inclusion of emissions-control designations in pre-construction permits AND the power to determine whether the designations are in accord with the provisions of the Act.

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United States v. Duke Energy Corp. cartoons image illustration picture
United States v. Duke Energy Corp.

Description:
When Congress mandates a specific definition of a statutory term, an agency cannot interpret the meaning of the term differently under its regulations. Only increases in per hour emissions are modifications requires preapproval.

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New York v. EPA cartoons image illustration picture
New York v. EPA

Description:
When an issue of environmental concern requires a high degree of technical expertise, the court will defer to the informed discretion of the responsible federal agency (here, the EPA).

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Michigan v. EPA cartoons image illustration picture
Michigan v. EPA

Description:
The EPA may consider both the health effects of pollution and the cost of abating it when determining whether a state SIP fails to comply with the Clean Air Act. One state cannot pollute a downwind state.

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Appalachian Power Co. v. EPA cartoons image illustration picture
Appalachian Power Co. v. EPA

Description:
Polluters may trade emissions allowances with other polluters in the state, but neighboring states may still petition the EPA for relief under the Clean Air Act.

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Engine Manufacturers Association v. South Coast Air Quality Management District cartoons image illustration picture
Engine Manufacturers Association v. South Coast Air Quality Management District

Description:
The Clean Air Act makes state standards governing or enforcing emissions limits preempted for sale or purchase of vehicles; preemption.

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Rapanos v. United States cartoons image illustration picture
Rapanos v. United States

Description:
Navigable waters; The phrase the waters of the United States, as used in the Clean Water Act, includes only those relatively permanent or continuously flowing bodies of water forming geographic features; wetlands are not navigable waters.

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South Florida Water Management District v. Miccosukee Tribe of Indians cartoons image illustration picture
South Florida Water Management District v. Miccosukee Tribe of Indians

Description:
Moving pollutants between bodies of water may not require a permit. The Clean Water Act requires a permit before a pollutant may be discharged into navigable waters.

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Lingle v. Chevron, U.S.A., Inc. cartoons image illustration picture
Lingle v. Chevron, U.S.A., Inc.

Description:
A plaintiff seeking to challenge a government regulation as an uncompensated taking of private property may proceed only by alleging a physical taking, a total regulatory taking, a Penn Central taking, or a land-use exaction.

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Department of Transportation v. Public Citizen cartoons image illustration picture
Department of Transportation v. Public Citizen

Description:
Environmental Assessment; when an agency has no ability to prevent a certain effect, the agency cannot be considered a legally relevant cause of such effect; so under NEPA, the agency need not consider these effects in its EA.

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Norton v. Southern Utah Wilderness Alliance cartoons image illustration picture
Norton v. Southern Utah Wilderness Alliance

Description:
Administrative Procedures Act allows federal courts to compel agency action unlawfully withheld and unreasonably delayed only for claims involving a specific agency action—a rule, order, license, sanction, or relief—required of agency by law.

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EPA Has Discretion Regarding Standards cartoons image illustration picture
EPA Has Discretion Regarding Standards

Description:
Natural Resources Defense Council v. EPA; he Clean Air Act only mandates that residual risk standards provide an ample margin of safety to protect public health, and the EPA is free to determine that existing technology-based standards are ample.

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CERCLA Liability cartoons image illustration picture
CERCLA Liability

Description:
Burlington Northern & Santa Fe Railway Co. v. United States; Mere knowledge that spills and leaks occur after the sale of a chemical product is insufficient for concluding the seller "arranged for" disposal of hazardous chemical for CERCLA liability.

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Apportion Liability cartoons image illustration picture
Apportion Liability

Description:
Burlington Northern & Santa Fe Railway Co. v. United States; CERCLA does not mandate joint and several liability; scope of liability must be determined from traditional and evolving principles of common law.

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CERCLA Cost Recovery Mechanisms cartoons image illustration picture
CERCLA Cost Recovery Mechanisms

Description:
United States v. Atlantic Research Corp; CERCLA § 107(a)(4)(B) provides Potentially Responsible Parties (PRPs) with a cause of action to recover, from other PRPs, costs voluntarily incurred in cleaning up a contaminated site; contribution.

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EPA Waiver of Preemption cartoons image illustration picture
EPA Waiver of Preemption

Description:
Central Valley Chrysler-Jeep, Inc. v. Goldstene; If the California motor vehicle emissions regulations are granted a waiver by the EPA to the Clean Air Act, enforcement is not prevented by the doctrine of conflict preemption or by express preemption.

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Net Increase In Emmissions Measured Annually or Hourly cartoons image illustration picture
Net Increase In Emmissions Measured Annually or Hourly

Description:
Environmental Defense v. Duke Energy Corp; A Clean Air Act permit is required for any physical change in, or change in the method of operation of, a major stationary source that would result in a significant net emissions increase of any pollutant.

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No Trading of Pollution Credits cartoons image illustration picture
No Trading of Pollution Credits

Description:
North Carolina v. EPA; EPA is not properly exercising its duty under the Clean Air Interstate Rule unless it is promulgating a rule that achieves something measureable toward the goal of prohibiting sources within one state from affecting another state.

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Fill Material Is Not a Pollutant cartoons image illustration picture
Fill Material Is Not a Pollutant

Description:
Coeur Alaska, In c. v. Southeast Alaska Conservation Council; The Army Corps of Engineers has the power to issue permits for the discharge of dredged or fill material under 33 U.S.C. § 1344(a).

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NHTSA Cannot Ignore Global Warming Concerns cartoons image illustration picture
NHTSA Cannot Ignore Global Warming Concerns

Description:
Center for Biological Diversity v. National Highway Traffic Safety Administration; NHTSA has a duty to assess environmental impacts, including impact on climate change, of rules; enviornmental impact statement.

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Endangered Speciies Act cartoons image illustration picture
Endangered Speciies Act

Description:
National Ass'n of Home Builders v. Defenders of Wildlife; Endangered Species Act § 7(a)(2)'s application limited to actions in which discretionary federal involvement or control, and thus it does not apply in the context of mandatory EPA actions.

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Greenhouse Gasses Are Pollutants cartoons image illustration picture
Greenhouse Gasses Are Pollutants

Description:
Massachusetts v. EPA Greenhouse gasses are pollutants that may be regulated by the Environmental Protection Agency (EPA).

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Political Question Doctrine cartoons image illustration picture
Political Question Doctrine

Description:
Massachusetts v. Environmental Protection Agency, states can sue over global warming, case or controversy requirement. Environmental attorney. Damage to the environment.

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Lujan v. Defenders of Wildlife cartoons image illustration picture
Lujan v. Defenders of Wildlife

Description:
Injury in fact and redressability must be established even under a federal statute conferring a private cause of action, private right of action, standing, personal injury, public, injury in fact. Injury to the environment.

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Federal Common Law cartoons image illustration picture
Federal Common Law

Description:
American Electric Power Co. v. Connecticut; The Clean Air Act and the Environmental Protection Agency action authorized by the Act displace private rights of action against greenhouse-gas emitters. EPA.

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Endangerment Finding cartoons image illustration picture
Endangerment Finding

Description:
Coalition for Responsible Regulation v. EPA; EPA endangerment finding for greenhouse gas emissions from vehicles supported by substantial record evidence, EPA obligated to issue greenhouse gas emissions standards. Endangerment evaluation.

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The Transport Rule cartoons image illustration picture
The Transport Rule

Description:
EME Homer City Generation, L.P. v. EPA; The Transport Rule is inconsistent with federal law; "good neighbor policy" imposes upon states an excess obligation to reduce downwind emissions; Federal Implementation Plans (FIPs).

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Endangered Species Act cartoons image illustration picture
Endangered Species Act

Description:
Friends of Blackwater v. Salazar; Endangered List recovery plan need not be strictly satisfied before a species may be delisted pursuant to the factors of the Endangered Species Act (ESA).

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Clean Water Act cartoons image illustration picture
Clean Water Act

Description:
Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc.; transfer of polluted water between two parts of the same body of water is not discharge of pollutants under the CWA. Clean Water Act.

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Agency Action cartoons image illustration picture
Agency Action

Description:
Sackett v. EPA; The Administrative Procedure Act provides for judicial review of final agency action for which there is no other adequate remedy in a court. APA,

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Takings Clause cartoons image illustration picture
Takings Clause

Description:
Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection; The Takings Clause protects property rights as they are established under state law, which is none here due to doctrine of avulsion. Takings analysis.

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