On remand from the Supreme Court, 6 ELR 20030, the Seventh Circuit, by denying the petition for review, upholds the Atomic Energy Commission's decision to license the Bailly nuclear power plant adjacent to the Indiana Dunes National Lakeshore. The AEC has jurisdiction to approve the plant site, notw...
The First Circuit Court of Appeals affirms a lower court's conclusion, 6 ELR 20048 (D. Me. 1975), that the prohibition in §13 of the Rivers and Harbors Act of 1899 against the discharge of refuse into navigable waters without a permit from the Secretary of the Army applies to peeled bark and sunken...
The court refuses to enjoin the lease sale of outer continental shelf lands in the Gulf of Alaska, notwithstanding a referral by EPA under the Clean Air Act to the Council on Environmental Quality. The environmental impact statement (EIS) adequately weighs the relevant costs and benefits of the prop...
In a continuation of this protracted litigation involving the Reserve Mining Company's discharge of taconite tailings into Lake Superior, the court assesses penalties, litigation expenses, and costs of interim municipal drinking water purification against defendants. Previous judicial decisions in t...
Petitioners attack on a broad front the EPA Administrator's actions in promulgating regulations setting national effluent limitations for the potato processing industry under §§301, 304, and 306 of the Federal Water Pollution Control Act Amendments of 1972. After detailed consideration of petition...
The court transfers venue to the Central District of California in this action challenging outer continental shelf oil leasing off California, noting that res judicata, forum non conveniens, and judicial economy arguments tip the balance in favor of transfer. An earlier case involving substantially ...
The court dismisses as not ripe for review petitions from steel and power companies and the city of Evansville challenging EPA's designation of certain areas in Indiana as "air quality maintenance areas" under §110 of the Clean Air Act. Petitioners are mistaken in contending that ripeness is not an...
The Court of Appeals directs a lower court to grant partial summary judgment for plaintiffs in a citizens suit under §304 of the Clean Air Act seeking enforcement of approved transportation control strategies for the New York City area contained in the New York state air quality implementation plan...
Maryland challenges EPA's issuance of a permit to Camden, New Jersey, for the continued ocean dumping of sewage sludge at a site off Cape May. The Marine Protection, Research and Sanctuaries Act requires the functional equivalent of environmental impact analysis in conjunction with permit issuance a...
In this class action challenging Forest Service management practices in Oregon's Bull Run Watershed, the court enjoins the continuation of large seale sustained-yield logging and recreation in the area as violative of the Bull Run Trespass Act, 42 U.S.C. §1862. The city of Portland derives its wate...