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Dow Chem., USA v. Consumer Prod. Safety Comm'n

The court denies a motion by the Consumer Product Safety Commission (CPSC) to reconsider and vacate a preliminary injunction, 9 ELR 20016, against implementation of a rule relating to the classification, evaluation, and regulation of carcinogenic substances in consumer products. The CPSC motion to r...

Blue Ash, City of v. McLucas

Affirming the district court's dismissal of the suit, the court holds that the National Environmental Policy Act (NEPA) does not create a cause of action to enforce commitments of third parties that are incorporated in the environmental impact statement (EIS) of the federal agency involved in the pr...

Citizens Defense Fund v. Gallagher

The court issues a preliminary injunction against the razing of buildings as part of a federally funded urban renewal project after determining that plaintiffs are likely to succeed on the merits of their claim that defendants violated the procedural requirements of the National Historic Preservatio...

Delaware Valley Citizens' Council for Clean Air v. Pennsylvania

The court denies a petition for rehearing en banc of its order granting the Commonwealth's motion for a stay of a district court order. The district court, 12 ELR 20191, found the Commonwealth in contempt for failure to comply with a consent decree to establish an automobile inspection and maintenan...

Chester, Township of v. Department of Envtl. Protection

The court rules that the Solid Waste Management Act preempts local regulation of a solid waste disposal facility. The legislative history emphasizes the need for uniform statewide regulation and establishes a comprehensive regulatory scheme. The township ordinance, which seeks to regulate the enviro...

Concerned Citizens for the 442nd T.A.W. v. Bodycombe

The court holds that the Air Force complied with the National Environmental Policy Act in preparing an environmental assessment (EA) and in determining not to prepare an environmental impact statement (EIS) for the deactivation of a tactical air wing. At the outset, it rejects plaintiffs' contention...

Citizens for a Better Env't v. Gorsuch

The court modifies an order of the district court, 12 ELR 20101, to require the Environmental Protection Agency to promulgate regulations for hazardous waste land disposal facilities on or before July 15, 1982.
Counsel for AppellantsMark Greenwood, Bruce DiamondOffice of the General CounselEnvironm...

Council of Commuter Orgs. v. Gorsuch

The court upholds the Environmental Protection Agency's (EPA's) belated approval of New York City's incomplete public transportation program, but reinstates the moratorium on new construction or modification of stationary sources of air pollution pending final approval of a complete Part D state imp...

Delaware Water Emergency Group v. Hansler

The district court upholds the determination of the Delaware River Basin Commission (DRBC) not to prepare an environmental impact statement (EIS) prior to approving construction of a pumping station at Point Pleasant, Pennsylvania, for the withdrawal of water from the Delaware River.The DRBC's initi...

Commonwealth ex rel. State Water Control Bd. v. County Utils. Corp.

The Supreme Court of Virginia upholds the circuit court's ruling that water quality standards adopted by the Virginia State Water Control Board that were technologically unattainable at any cost violated the State Water Control Law. Pursuant to the standards, appellees, two private utilities, were r...