The court upholds the validity of amendments to regulations promulgated by the Environmental Protection Agency (EPA) under §112 of the Clean Air Act which govern the demolition of buildings containing asbestos. The agency's refusal to perform tests at demolition sites to verify its earlier determin...

The court remands the case to the district court for a determination of whether operation and deterioration of a municipal landfill have caused a partial taking of plaintiffs' nearby land. Plaintiffs own parcels next to land that Bayamon wished to use for a sanitary landfill. Toxic wastes eventually...

The court declares that the Navy is violating the requirements of the National Environmental Policy Act (NEPA) and Executive Order (E.O.) No. 11593, which concerns the preservation of historic sites under the National Historic Preservation Act, in carrying out target practice activities on the small...

Granting plaintiffs' motion for summary judgment, the court enjoins implementation of the Federal Coal Leasing Program. The Department of the Interior's final programmatic environmental impact statement (EIS) failed to consider the "no action" alternative of continuing the 1970 moratorium on issuanc...

The court affirms the lower court's order dismissing the state of Maine's challenge to the 1977 herring fishing quota set by the Department of Commerce which allows foreign fleets to fish on the Georges Bank. The lower court dimissed the complaint because the Secretary of Commerce provided affidavit...

The court denies plaintiffs' motion for a preliminary injunction against construction of a proposed baler facility for solid waste disposal in the Hackensack Meadowlands after granting plaintiffs' standing to raise environmental claims under the National Environmental Policy Act (NEPA). New Jersey a...

In 1976, this court ruled that the then-existing California public school financing system was invalid as a violation of state constitutional provisions guaranteeing equal protection of the laws and had to be brought into constitutional compliance within six years. Serrano v. Priest, 18 Cal. 3d 728....

The court holds that plaintiffs who prevailed in a suit challenging approval of the location of the proposed Mt. Hood Freeway are entitled to recover attorney fees from the state defendants under the Civil Rights Attorney's Fees Awards Act of 1976 even though their claims of civil rights violations ...

The court grants plaintiffs' motion denying trial costs to defendants pursuant to FED. R. CIV. P. 54(d). Although the district court ruled in favor of plaintiffs in a suit against a Department of the Interior sale of oil and gas leases on the outer continental shelf, 7 ELR 20230, the Second Circuit ...

By applying for unappropriated water in California for use in a federal reclamation project, the federal Bureau of Reclamation is not subject to conditions imposed by the State Water Resources Control Board even though the Bureau is assignee of an application originally filed by the State Department...