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Cummings v. Secretary of the Executive Office of Envtl. Affairs

The Massachusetts Supreme Judicial Court holds that the decision of the Secretary of the Executive Office of Environmental Affairs not to require an environmental impact report (EIR) under the Massachusetts Environmental Protection Act (MEPA) is not judicially reviewable. MEPA's provision governing ...

Center for Auto Safety v. Thomas

On petition for limited rehearing, the court vacates its earlier en banc decision, 18 ELR 21118. Although the court had evenly divided on whether petitioners had standing to challenge the Environmental Protection Agency's formula for calculating automobile fuel efficiency, it had reinstated the pane...

Commonwealth v. John G. Grant & Sons Co.

The court holds that the criminal penalty provisions of the Massachusetts Wetlands Protection Act are not unconstitutionally vague even though two separate provisions provide for penalties in different terms. One provision prescribes a fine of not more than $1,000 for each day of continuing violatio...

Chemical Mfrs. Ass'n v. EPA

The court upholds the Environmental Protection Agency's (EPA's) decision to require testing of 2-ethylhexanoic acid under Toxic Substances Control Act (TSCA) §4, ruling that TSCA authorizes EPA to issue a test rule when it finds a more-than-theoretical basis for suspecting an unreasonable risk of i...

CWC Fisheries, Inc. v. Bunker

The Alaska Supreme Court holds that a conveyance of tidelands by the state is subject to the public trust doctrine, and will be viewed as a valid conveyance of title subject to continuing public easements for navigation, commerce, and public fishing. The court first rules that the public trust doctr...

Diack v. Portland, City of

The court rules that the provisions of Oregon's Scenic Waterways Act (SWA) that restrict the construction and operation of diversion facilities apply to the diversion of water from tributaries that flow into designated scenic waterways. Plaintiffs challenge the Oregon Water Commission's issuance of ...

Defenders of Wildlife v. Administrator

The court holds that plaintiffs are entitled to attorney fees under the Endangered Species Act (ESA) in their challenge to the registration of strychnine under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). On the merits, the court had held that the Environmental Protection Agency'...

Chemical Waste Management, Inc. v. EPA

The court holds that the Environmental Protection Agency's (EPA's) decision to apply Resource Conservation and Recovery Act (RCRA) land disposal treatment standards to leachate derived from wastes that were not deemed hazardous when they were disposed is reasonable. In August 1988, EPA announced tha...

Defenders of Wildlife v. Hodel

The court holds that regulations limiting the scope of the Endangered Species Act (ESA) to federal actions occurring within the United States are invalid. The court first holds that while plaintiffs may bear a greater burden in proving standing to sue at the summary judgment stage than they did for ...