The court rules that the Consumer Product Safety Commission's (CPSC's) ban on urea-formaldehyde foam insulation (UFFI) in homes and schools was not supported by substantial evidence on the record and is invalid. The CPSC issued the ban on April 2, 1982, on the basis of (1) in-home and laboratory tes...

The court sustains the Oregon Fish and Wildlife Commission's issuance of a permit to oyster growers for application of the pesticide Sevin to state-leased oyster beds in Tillamook Bay. State had established, and the Environmental Protection Agency had conditionally validated, a special local needs r...

The court declines to grant further compensation to an environmental receiver who failed to bring defendant water company into compliance with the Safe Drinking Water Act (SDWA). The United States won a preliminary injunction against the Alder Creek Water Company in November 1979 to force compliance...

The court rules that defendant is liable for penalties stipulated in a consent decree settling an enforcement action under the Clean Air Act, as a result of violations of interim and final deadlines in the decree while defendant unsuccessfully sought approval for an alternative compliance scheme und...

Because plaintiffs have failed to show the possibility of irreparable harm or the probability that defendants violated the National Environmental Policy Act (NEPA) and other federal laws in the planning of a new federal office building in Queens, New York, the court denies plaintiffs a preliminary i...

The Court holds that Alaska's requirement that certain timber taken from state lands be partially processed in Alaska is invalid under the Commerce Clause, since it was not authorized by Congress and imposes a substantial burden on interstate commerce. Alaska had offered for sale 49 million board fe...

The Court rules that §4(e) of the Federal Power Act (FPA) requires the Federal Energy Regulatory Commission (FERC) to impose any conditions on hydropower projects on reserved federal lands that the secretary in charge of the land requests. Escondido and others sought renewal of a license to operate...

The court appoints a special master pursuant to Fed. R. Civ. P. 53 to assist in management of discovery and resolution of factual issues in an abatement action under §106 of the Comprehensive Environmental Response, Compensation, and Liability Act. After reviewing applicable case law, the court rul...

The court issues a case management order in a Comprehensive Environmental Response, Compensation, and Liability Act case consolidating defense in the hands of liaison counsel and bifurcating the case to allow resolution of issues of relief prior to addressing issues of liability and contribution. Th...

The Supreme Court rules that an agency's decision not to take enforcement action is presumed to be committed to agency discretion by law and hence immune from judicial review under Administrative Procedure Act (APA) §701(a)(2). Prisoners sentenced to death by lethal injection brought suit against t...