Florida Supreme Court
 

Cecil Lane v. Chiles, Case No. 88,609.  Suit challenging the net ban
amendment of the Florida Constitution as discriminatory against commercial fishermen and violative of due process.  Status:  The constitutionality of the amendment was upheld August 21, 1997.  698 So. 2d 260.

Advisory Opinion re:  Fish & Wildlife Conservation Commission
Amendment, Case No. 91,193.  Review of the sufficiency of the ballot title and summary and compliance with the single subject requirement of a proposed amendment to unify the Marine Fisheries and Game and Fresh Water Fish Commissions.  Status:  The court struck the amendment from the ballot on January 8, 1998.  23 Fla. L. Weekly S20.

Department of Environmental Protection v. Harbor Utilities, Case No.  89,723.  Petition to review a Second DCA decision reversing the dismissal of DEP's complaint against Harbor's president for the discharge of untreated domestic wastewater.  684 So. 2d 301 (1996).  Status:  The court accepted review on May 28, 1997.  On August 13, 1997, the court dismissed on stipulation of the parties.  698 So. 2d 543.

Advisory Opinion to the Governor -- 1996 Amendment 5 (Everglades), Case No. 90,042.  Advisory opinion regarding the interpretation of last year's constitutional amendment stating that those polluting the Everglades should be primarily responsible for cleaning it up.  Status:  On November 26, 1997, the court held that the amendment is not self-executing, but requires implementing legislation.  22 Fla. L. Weekly S728.

First DCA 
 

Haile Community Association v. DEP and Florida Rock, Case No. 97-47. Appeal of a DEP final order issuing an air pollution permit for construction of a cement plant in Alachua County.  ER FALR 96:133 (DEP Dec. 12, 1996).  Status:  Initial brief filed April 28, 1997; answer briefs filed August 11, 1997.  On August 14, 1997, the court denied a motion to remand the case to DEP for reconsideration.

Friends of Nassau County v. Fisher Management Co., Case No. 97-4285. Appeal of a St. Johns River Water Management District (SJRWMD) order requiring two attorneys and their client to pay over $50,000 in fees and costs in connection with filing three petitions challenging the District's intent to issue permits to construct a shopping
center and associated improvements.  The administrative law judge concluded the petitions were improperly filed solely to delay the project.  ER FALR 97:197 (SJRWMD Oct. 8, 1997). Status:  Notice of appeal filed November 5, 1997.

Calder Race Course, Inc. v. Department of Business and Professional Regulation, Case No. 97-2704.  Appeal of a DOAH final order invalidating a proposed DBPR rule authorizing routine searches by Division of Pari-Mutuel Wagering personnel, on the grounds that there was no specific authority for the rule.

DOAH, Case No. 96-0343RP (June 13, 1997).  Status:  Notice of appeal filed June 13, 1997; all briefs have been filed.

State of Florida Department of Environmental Protection v. Pringle and Crum, Case No. 97-4787.  Appeal of a trial court in order lifting a stay on a temporary injunction against enforcement of the fishing net ban in the state constitution.  Status:  Stay reinstated January 6, 1998.

Consolidated Tomoka Land Co. v. St. Johns River Water Management
 District, Case No. 97-2996.  Appeal of a DOAH final order invalidating portions of a proposed SJRWMD rule creating the Tomoka River and Spruce Creek Hydrological Basins and setting standards therein, on the ground that the rules were not authorized by a specific law, as required by the 1996 amendments to the APA.  ER FALR 97:132 (DOAH June 27, 1997).  Status:  Notice of appeal filed July 25, 1997; all briefs have
been filed.

Legal Environmental Assistance Foundation v. Department of
Environmental Protection, Case No. 97-204.  Appeal of a DEP final order finding that LEAF did not have standing to intervene in the underlying administrative proceeding under either Section 120.57 or Section 403.412(5), Florida Statutes, because it is incorporated under the laws of Alabama, not Florida, and otherwise failed the "substantial interest" test to establish standing.  Status:  The court affirmed on December 18, 1997.  23 Fla. L. Weekly D33. 

Second DCA
 

Save Anna Marie v. Department of Transportation, Case No. 96-02258. 
Appeal of a DEP final order denying DOT a dredge and fill permit to build a bridge over Sarasota Pass from Bradenton to Anna Maria Island, on the ground that DEP's decision did not adequately consider the public interest criteria.  ER FALR 96:78 (DEP May 14, 1996).  Status: The Court affirmed on October 8, 1997.  700 So. 2d 113.

Southwest Florida Water Management District v. Charlotte County, Case No. 97-1626.  Appeal of a DOAH final order invalidating portions of proposed SWFWMD rules for the Southern Water Use Caution Area.  ER FALR 97:104 (DOAH March 26, 1997).  Status:  Notice of appeal filed April 22, 1997; initial brief filed January 20, 1998.

Southwest Land Developers v. Edwards and DEP, Case No. 96-00936. 
Appeal of a DEP final order denying an application for renewal of a general permit to operate a construction and demolition debris disposal facility.  ER FALR 96:043 (DEP Feb. 12, 1996).  Status:  Notice of appeal filed March 6, 1996.  DEP final order has been stayed pending appeal.  Stay granted until December 19, 1997; briefing schedule to be ordered soon. 

Third DCA
 

Florida Bay Initiative, Inc. v. DOT and South Florida Water Management District, Case No. 97-02071.  Appeal of an SFWMD order issuing three permits to DOT associated with the widening of U.S. 1.  ER FALR 97:121 (SFWMD June 20, 1997). Status:  Notice of appeal filed July 18, 1997.  On October 15, 1997, the court issued an order granting stay pending conclusion of a contemporaneous appeal to the Florida Land and Water Adjudicatory Commission.

Dade County v. Redd's Cleaners, Case No. 97-02126.  Appeal of a DEP
final order determining that untimely compliance with an order to remediate does not preclude participation in the drycleaning cleanup program.  ER FALR 97:127 (DEP June 27, 1997).  Status:  Notice of appeal filed July 22, 1997.  An extension of time to file the initial brief has been requested.

JI 441, Inc. v. Dade County, Case No. 97-01754.  Appeal of preliminary
injunction determining that the Petroleum Cleanup Program litigation bar did not preclude Dade County's enforcement action against a program-eligible location.  Status:  Initial brief filed August 18, 1997.  The court granted a stay until May 1, 1998.

Department of Environmental Protection v. Eastman Chemical Company, Case No. 96-02969.  Appeal from a circuit court summary judgment that a chemical manufacturer was not liable for cleanup of contamination.  Circuit Court Case No. 92- 4789.  Status:  The court affirmed October 8, 1997.  699 So. 2d 1051.

Department of Environmental Protection v. CTL Distribution, Inc., Case No. 96-02768.  Appeal from a circuit court summary judgment that transporters were not liable for cleanup of contamination.  Circuit Court Case No. 92-4789-CA09.  Status: Oral argument held January 22, 1998.

Fourth DCA
 

Lost Tree Village Corp. v. Board of Trustees of the Internal Improvement Trust Fund, Case No. 92-1985.  Appeal from a DOAH final order upholding certain BOT rule amendments that would prevent construction of bridges and utility poles over submerged lands owned by the BOT.  ER FALR 92:119 (DOAH June 4, 1992).  Status:  The court affirmed on September 3, 1997.  698 So. 2d 634.

City of West Palm Beach v. BOT, Case No. 95-3813.  Appeal of a circuit
court decision on summary judgment holding that the Butler Act entitled the city only to title to the submerged lands immediately beneath the four piers of the city marina and not to dredged areas beneath open waters.  Case No. CL-94-9509 AB. Status:  Court reversed and remanded August 27, 1997.  22 Fla. L. Weekly D2028.

Freijomel v. City of Stuart, Case No. 97-0072.  Appeal from a DOAH final order finding DEP's arsenic soil cleanup goals to be an illegal rule.  ER FALR 97:004 (DOAH Dec. 9, 1996).  Status:  Notice of appeal filed.  On December 19, 1997, the court granted a stay pending settlement.  A status report is to be filed within 60 days.

Fifth DCA 
 

Secret Oaks Owners Association v. DEP, Case No. 96-3230.  Appeal of a DEP final order denying the Association the right to apply for a permit to construct a dock, based on a lack of sufficient title interest in the adjacent uplands.  ER FALR 96:164 (DEP Oct. 21, 1996). Status:  The court reversed September 5, 1997.  The court granted rehearing and withdrew its original opinion.  On January 2, 1998, the court issued another opinion reversing and remanding the DEP order.  1998 WL 499.

Board of Trustees v. David Smith, Case No. 97-980.  Status:  Appeal of a
circuit court decision holding that Smith, not the State, held title to lands separated from Lake Poinsett by dikes.  Status:  Notice of appeal filed July 5, 1997.  All briefs have been filed.  Oral argument is scheduled for February 4, 1998.

 Lee v. Williams, Case No. 96-2560.  Appeal of a trial court decision holding that the Lees did not have the right to build a boat lift on the Williams' side of the property boundary, on the ground that the land is a tideland subject to sovereignty ownership.  Status:  Oral argument held April 21, 1997.

Board of Commissioners of Pinellas County v. Gilliam Clarke, et al., Case No. 97-767.  Appeal of a trial judge's order dismissing with prejudice the County's suit against eight water activists, seeking a determination that the County cannot be held liable for the low water levels in lakes and wetlands near its wellfields.  Status:  Oral argument scheduled for March 11, 1998.

U.S. Supreme Court

United States v. Cordova Chemical Co., Aerojet & CPC International, Case No. 97-464.  Petition to review a Sixth Circuit decision holding that CPC and Aerojet, parent corporations of two prior owners of a Superfund site, could not be held liable under Superfund unless they would be liable under state veil-piercing principles.  113 F.3d 572 (6th Cir. 1997).  Status:  Petition granted December 12, 1997.

Hudson v. United States, Case No. 96-976.  Petition to review a Tenth
Circuit case holding the defendant could be criminally prosecuted for the same crime for which he had previously been fined, without double jeopardy concerns.  92 F.3d 1026 (10th Cir. 1996).  Status:  Petition granted April 14, 1997.  Oral argument held October 8, 1997.

Stroh Die Casting v. Atlantic States Legal Foundation, Case No. 97-479. 
Petition to review a Seventh Circuit decision holding that the Foundation gave adequate notice under the Clean Water Act (CWA) of its intent to file a citizen suit even though Stroh's alleged ongoing permit violations were not mentioned in the notice. 116 F.3d 814 (7th Cir. 1997).  Status:  Petition denied November 17, 1997.

Rapanos v. United States, Case No. 97-460.  Petition to review a Sixth
Circuit decision holding that state inspectors did not need a search warrant to enter the site of a planned commercial development to look for wetlands.  115 F.3d 367 (6th Cir. 1997).  Status:  Petition denied October 14, 1997.
 Essex County Utilities Authority v. Atlantic Coast Demolition Recycling, Inc., Case No. 97-0400.  Petition to review a Third Circuit decision holding that New Jersey's flow control system violated the commerce clause.  112 F.3d 652 (3rd Cir. 1997).  Status:  Petition denied November 10, 1997.

Shinn v. Atlantic Coast Demolition & Recycling, Inc., Case No. 97-430. 
Petition to review a Third Circuit opinion holding that New Jersey's flow control system unconstitutionally discriminates against out-of-state solid waste management companies.  112 F.3d 652 (3d Cir. 1997).  Status:  Petition denied November 10, 1997.

United States v. Banks, Case No. 97-602.  Petition to review an Eleventh
Circuit decision holding that the wetlands Banks disturbed were subject to the Clean Water Act even though the primary connection with navigable waters was via groundwater.  115 F.3d 916 (11th Cir. 1997).  Status:  Petition denied January 20, 1998.

Arrest the Incinerator Remediation v. EPA, Case No. 97-541.  Petition to review a Third Circuit decision refusing to grant an exception to CERCLA's general prohibition against challenges to ongoing cleanups, where the plaintiffs claimed that incineration of contaminated soils violated RCRA.  116 F.3d 1018 (3d Cir. 1997).  Status:  Petition denied January 12, 1998.

Thomas v. Sierra Club, Case No. 97-16.  Petition to review a Sixth Circuit decision holding that challenges to a Forest Service Management Plan can be brought before there is site-specific action under the plan.  105 F.3d 248 (6th Cir. 1997).  Status:  Petition granted October 20, 1997.

West Indies Transport Co. v. United States, Case No. 97-931.  Petition to review a Third Circuit decision upholding three criminal convictions under the Clean Water Act, based on discharge of damaged barge parts from the barge itself during repairs.  127 F.3d 299 (3d Cir. 1997).  Status:  Petition denied January 12, 1998.

 Ohio Forestry Assoc., Inc. v. Sierra Club, Case No. 97-16.  Petition to
review a Sixth Circuit case holding that the U.S. Forest Service's planning process was improperly predisposed toward clearcutting and that the environmental groups' challenge to the plan was a sufficiently ripe controversy.  105 F.3d 248 (6th Cir. 1997).  Status:  Petition granted October 20, 1997.

Ben Oehrleins & Sons & Daughter, Inc. v. Hennepin County, Case No. 97-605.  Petition to review an Eighth Circuit decision holding that solid waste generators in a Minnesota county lacked standing to challenge the county's flow control ordinance. 115 F.3d 1372 (8th Cir. 1997).  Status:  Petition denied December 15, 1997.

The Steel Co. v. Citizens for a Better Environment, Case No. 96-643. 
Petition to review a Seventh Circuit decision holding that the Emergency Planning & Community Right-to-Know Act (EPCRA) allows citizen suits based on wholly past violations of reporting requirements.  90 F.3d 1237 (7th Cir. 1996).  Status:  Oral argument held October 6, 1997.

Browning-Ferris Industries v. Sun Co., Case No. 97-995.  Petition to
review a Tenth Circuit decision establishing a six-year statute of limitations for filing a contribution action in connection with a CERCLA Section 106 administrative order requiring cleanup.  124 F.3d 1187 (10th Cir. 1997).  Status:  Petition filed December 12, 1997.

Maier v. EPA, Case No. 97-378.  Petition to review a Tenth Circuit
decision holding that EPA's decision to refuse to include controls on nitrogenous biochemical oxygen demand in its regulations for publicly-owned treatment works was a permissible exercise of its authority under the Clean Water Act.  114 F.3d 1032 (10th Cir. 1997).  Status:  Petition denied December 8, 1997.

 North Carolina v. Federal Energy Regulatory Commission, Case No. 97-836.  Petition to review a D.C. Circuit decision holding that an amendment to a hydroelectric facility's license, which provides for 60 million gallons of water a day, is not a "discharge" under the Clean Water Act.  112 F.3d 1175.  Status:  Petition filed November 19, 1997.

Pinal Creek Group v. Newmont Mining Group, Case No. 97-795.  Petition to review a Ninth Circuit decision holding that only a party that is not itself liable may bring a cost recovery action under CERCLA Section 107, rather than an action for contribution under Section 113.  118 F.3d 1298 (9th Cir. 1997).  Status:  Petition filed November 10, 1997.

Third Circuit
 

Chester Residents Concerned for Quality Living v. Seif, Case No. 97-1125. Appeal of a district court decision dismissing the plaintiffs' claims that the State of Pennsylvania discriminated against the predominantly black town of Chester in its waste siting decisions.  944 F. Supp. 413.  (E.D. Pa. 1996).  Status:  Reversed on December 30, 1997.  1997 WL 793311.

Fourth Circuit
 

United States v. Hoechst Celanese, Case Nos. 96-2003 and 96-2051. 
Appeal of a district court decision holding that the company had misinterpreted the exemption provision under EPA's air toxics rules, but holding the company not liable for its violation of the Clean Air Act because it was following state guidance that had been endorsed by EPA staff.  964 F. Supp. 967 (D. S.C. 1996).  Status:  The court affirmed in part and reversed in part on October 27, 1997, upholding EPA's interpretation of the rules, but holding that the company had fair notice of the rules. 128 F.3d 216.

Wilson v. United States, Case No. 96-4498.  Appeal of a district court
conviction of two men under the Clean Water Act for engaging in filling of waters of the United States without a permit.  Case No. CR-95390 (D. Md. 1997).  Status:  On December 23, 1997, the court reversed the conviction and remanded for a new trial.  1997 WL 785530.  A motion for rehearing was filed January 13.
 

Waste Management, Inc. of Tennessee v. Nashville, Case No. 95-5863. 
Appeal of a district court decision upholding the constitutionality of Davidson County's flow control system.  Case No. 94-00411 (M.D. Tenn. 1995).  Status: The court reversed and remanded on November 5, 1997.  130 F.3d 731.

Ninth Circuit
 

Umatilla v. Smith Frozen Foods, Case No. 97-80175.  Appeal of a district
court decision holding that the CWA does not regulate groundwater even if
hydrologically connected to surface waters.  962 F. Supp. 1312 (D. Ore. 1997).  Status:  Notice of appeal filed April 9, 1997.

Atchison, Topeka and Santa Fe Ry. v. Brown & Bryant, Inc., Case No. 96-15529.  Appeal of a district court decision granting summary judgment under CERCLA to a company that had purchased many assets of an agricultural chemical manufacturer that had contaminated certain property, based on state common law of successor liability.  42 ERC 1605 (E.D. Cal. 1995).  Status:  The court affirmed on December 30, 1997.  1997 WL 792675.

Eleventh Circuit
 

Villas of Lake Jackson, Ltd. v. Leon County, Case No. 95-3698.  Appeal
of a district court decision holding that the rezoning of the plaintiffs' land to single family housing did not amount to an unconstitutional "taking" of property and did not violate the due process and equal protection clauses of the constitution.  906 F. Supp. 1509 (N.D. Fla. 1995).  Status:  The court affirmed September 8, 1997.  121 F.3d 610.
 

Sierra Club & Natural Resource Defense Council v. EPA.  Petition
challenging EPA's MACT standards for toxic emissions from medical waste
incinerators.  Status:  Petition filed November 14, 1997.

U.S. Corps of Engineers v. American Mining Congress.  Appeal of a
district court decision invalidating the Corps rule regulating incidental fall-back during dredging operations.  951 F. Supp. 267 (D. D.C. 1997).  Status:  All briefs have been filed.  In the meantime, the court granted a stay of the lower court decision on June 23, 1997.

Clean Air Implementation Project v. EPA, Case No. 97-1117.  Petition
challenging EPA's "credible evidence rule," which allows introduction of any credible evidence to show a violation of the Clean Air Act (CAA).  Status: Petition filed November 12, 1997.

Sierra Club v. Browner, Case No. 96-1680.  Petition to enforce certain
portions of the CAA, requiring EPA to set emissions standards and controls by November 15, 1995, to protect large water bodies from pollution deposition.  Status:  Petition filed July 18, 1997.

National Association of Home Builders v. Babbitt, Case No. 96-5354. 
Petition challenging the constitutionality of the Endangered Species Act as applied to prohibit the "taking" of a fly found only in California, on Commerce Clause grounds.  949 F. Supp. 1 (D. D.C. 1996).  Status:  The court upheld the constitutionality of the Act on December 5, 1997.  130 F.3d 1041.

Texas Natural Resource Conservation Commission v. Browner, Case No. 96-1203.  Challenge to EPA's position that the state's established new source review permitting program must meet additional requirements of the CAA's Title V operating permits program.  Status:  Petition filed August 16, 1996.  Editor's Note:  Identical suit also filed in Fifth Circuit, Case No. 96-60544.

 American Lung Association v. Browner, Case No. 96-1251.  Petition to
force EPA to adopt a nationwide five-minute sulfur dioxide air emissions standard.  Status:  Oral argument held September 26, 1997.

Try Corp. v. Browner, Case Nos. 96-5188, -5203 and -5204.  Appeal of a
district court decision upholding EPA's 1994 rule adding 286 chemicals to the Toxic Release Inventory.  National Oilseed Processors Ass'n v. Browner, 924 F. Supp. 1193 (D. D.C. 1996).  Status:  Affirmed on August 1, 1997.  120 F.3d 277.  Petition for rehearing denied September 25, 1997.

Appalachian Power Co. v. EPA, Case No. 96-1497.  Petition to vacate an
EPA rule setting tighter limits on emissions of nitrogen oxides from certain types of utility boilers.  Status:  Petition filed October 6, 1997.

National Wildlife Federation v. Browner, Case No. 96-5366.  Appeal of
district court dismissal of suit to force EPA to review a state's decision to maintain a water quality standard under the CWA.  1996 WL 601451 (D. D.C. Oct. 11, 1996).  Status:  On November 4, 1997, the court held that EPA is only required to review revisions to the standards.  127 F.3d 1126.

Sierra Club v. EPA, Case No. 96-1007.  Petition to review an EPA rule
providing a one-year "grace" period to regions that are redesignated as non-attainment areas for federally funded transportation projects.  Status:  The court struck down the rule on November 4, 1997.  129 F.3d 137