Environmental Administrative Decisions: Decisions of the United States Environmental Protection Agency, Volume 9U.S. Environmental Protection Agency, 2000 |
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Results 1-5 of 85
Page xx
... Union Bank , 725 F2d 478 ( 9th Cir . 1984 ) . Ramsdell , Montclair v . , 107 US 147 ( 1883 ) Reilly , Wisconsin Elec . Power Co. ( WEPCO ) v . , 893 F2d 901 . 596 117 117 549 . 428 ; 429 333 135 687 ( 7th Cir . 1990 ) 362 ; 388 ; 389 ...
... Union Bank , 725 F2d 478 ( 9th Cir . 1984 ) . Ramsdell , Montclair v . , 107 US 147 ( 1883 ) Reilly , Wisconsin Elec . Power Co. ( WEPCO ) v . , 893 F2d 901 . 596 117 117 549 . 428 ; 429 333 135 687 ( 7th Cir . 1990 ) 362 ; 388 ; 389 ...
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... U U.S. Structures , Inc. v . J.P. Structures , Inc. , 130 F3d 1185 ( 6th Cir . 1997 ) .571 Union Bank , Rae v . , 725 F2d 478 ( 9th Cir . 1984 ) 135 United Artists Theatre Circuit , Inc. v . Harkins Amusement VOLUME O xxii.
... U U.S. Structures , Inc. v . J.P. Structures , Inc. , 130 F3d 1185 ( 6th Cir . 1997 ) .571 Union Bank , Rae v . , 725 F2d 478 ( 9th Cir . 1984 ) 135 United Artists Theatre Circuit , Inc. v . Harkins Amusement VOLUME O xxii.
Page xxv
... d , No. 3 : 98 - CV - 0456 - AS ( N.D. Ind . 1999 ) Z Zenith Radio Corp. , Matsushita Elec . Indus . Co. v . , 475 US 574 ( 1986 ) 545 47 ; 573 79 ; 550 U Union County Resource Recovery Facility , 3 EAD 455 VOLUME 9 XXV.
... d , No. 3 : 98 - CV - 0456 - AS ( N.D. Ind . 1999 ) Z Zenith Radio Corp. , Matsushita Elec . Indus . Co. v . , 475 US 574 ( 1986 ) 545 47 ; 573 79 ; 550 U Union County Resource Recovery Facility , 3 EAD 455 VOLUME 9 XXV.
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... Union County Resource Recovery Facility , 3 EAD 455 ( Adm'r 1990 ) . Union Township , NPDES Permit for Wastewater Treat- ment Facility of , NPDES Appeal Nos . 00-26 & 00-28 ( EAB 2001 ) . . V V - 1 Oil Co. , 8 EAD 729 ( EAB 2000 ) . W ...
... Union County Resource Recovery Facility , 3 EAD 455 ( Adm'r 1990 ) . Union Township , NPDES Permit for Wastewater Treat- ment Facility of , NPDES Appeal Nos . 00-26 & 00-28 ( EAB 2001 ) . . V V - 1 Oil Co. , 8 EAD 729 ( EAB 2000 ) . W ...
Page 135
... Union Bank , 725 F.2d 478 , 481 ( 9th Cir . 1984 ) ; but see Haines v . Liggett Group , Inc. , 975 F.2d 81 , 92 ( 3rd Cir . 1992 ) ( proper standard of review for discovery orders is the " clearly erroneous or contrary to law " standard ) ...
... Union Bank , 725 F.2d 478 , 481 ( 9th Cir . 1984 ) ; but see Haines v . Liggett Group , Inc. , 975 F.2d 81 , 92 ( 3rd Cir . 1992 ) ( proper standard of review for discovery orders is the " clearly erroneous or contrary to law " standard ) ...
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Common terms and phrases
accelerated decision adequately wet administrative Agency AIRX alleged analysis appeal applicable argues argument assessed ATSD BACT baghouse Bil-Dry Board Brief Chempace civil penalty Clean Air Act complaint Compliance Order contained Cumberland Unit denied determination draft permit drums DuPont emissions increase emissions limits Environmental EPA Enforcement Ex EPA's evidence evidentiary hearing facility failed federal FIFRA section filed Final Permit hazardous waste IDEM's Initial Decision issue John Sevier Knauf labeling liability MDEP ment Microban motion NPDES NSR Manual operation Penalty Policy Pepperell permit decision pesticide products petition for review petitioners physical changes pollutants Presiding Officer Presiding Officer's proposed PSD permit public comment period RCRA record Region registration regulations remand requirements Rogers SDI's SPCC Spitzer Squam River Sultan tanks testimony Tifa tion TVA's U.S. EPA Union Pet'n violation
Popular passages
Page 76 - When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.
Page 342 - Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented.
Page 153 - When a court reviews an agency's construction of the statute which it administers, it is confronted with two questions. First, always, is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter, for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress.
Page 53 - UNREASONABLE ADVERSE EFFECTS ON THE ENVIRONMENT. — The term "unreasonable adverse effects on the environment" means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.
Page 290 - ... any adverse environmental effects which cannot be avoided should the proposal be implemented, - alternatives to the proposed action, - the relationship between local short-term uses of man's environment and the maintenance and enhancement of longterm productivity, and - any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.
Page 343 - A usage of trade is any practice or method of dealing having such regularity of observance in a place, vocation or trade as to justify an expectation that it will be observed with respect to the transaction in question.
Page 74 - If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
Page 598 - ... (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
Page 239 - Any national secondary ambient air quality standard prescribed, under subsection (a) shall specify a level of air quality the attainment and maintenance of which in the judgment of the Administrator, based on such criteria, is requisite to protect the public welfare from any known or anticipated adverse effects associated with the presence of such air pollutant in the ambient air.
Page 132 - In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered.