The Ninth Circuit remands this challenge to a Forest Service timber sale, in which a motion for a new trial is currently pending, to the federal district court in Alaska for the purpose of considering plaintiffs' more recent motion for rehearing or, in the alternative, summary reversal. The latter m...

The Fourth Circuit Court of Appeals leaves in force EPA's 1983 effluent limitations guidelines for the leather tanning and finishing industry, but remands for reconsideration the 1977 limitations and the new source standards of performance. EPA's determination to base the 1977 limitations on a trans...

Regulations establishing effluent limitations guidelines for existing sources and standards of performance for new sources in the plastics and synthetics industry are remanded to EPA for reconsideration. The court reiterates its holdings in the companion case of DuPont v. Train, 6 ELR 20371, that th...

Holding that NEPA overrides the federal anti-injunction statute, the Eighth Circuit Court of Appeals reverses and remands a lower court's denial of a preliminary injunction against state court condemnation proceedings related to the construction of a federally funded high voltage transmission line. ...

The court dismisses a takings and due process challenge to five-year sewer moratoria, but hold that requiring landowners to request exemption from a front foot assessment only at the time of the original assessment (prior to imposition of the moratoria) violates due process. Jurisdiction of the cour...

On motions to hold the EPA Administrator in contempt for failure to comply with the court's previous order in this case, 4 ELR 20204, the Fifth Circuit Court of Appeals affirms EPA's use of a tall stack "credit" for dispersion effects in approving the Georgia implementation plan. The court reiterate...

The double jeopardy clause does not bar criminal prosecution under the Federal Water Pollution Control Act of 1972 (FWPCA) of a defendant who was earlier assessed a civil penalty under the FWPCA for an oil spill. It is within Congress' power to impose both civil and criminal sanctions for the same a...

The city of Boulder cannot refuse to extend sewer and water services to outlying residential developments for growth control reasons, since it operates these services in the form of a public utility. The city has the capacity to supply these services; it therefore cannot discriminate among users in ...

The EPA Administrator has authority under the Clean Air Act to impose gasoline rationing in order to meet the Clean Air Act standards. EPA regulations that require reduction in the supply of gasoline to selected areas in California starting in 1977 are therefore valid. Congress properly granted EPA ...

The Ninth Circuit Court of Appeals reverses a lower court order dissolving previously issued injunctions against the construction of a highway in Hawaii, and directs the district court on remand to enjoin construction until the Secretary of Transportation demonstrates full compliance with the requir...