The court holds that the Army Corps of Engineers may proceed with construction of a flood control levee on the Upper Yazoo River without supplementing a 1975 programmatic final environmental impact statement (EIS) with an EIS for the levee project. A private landowner whose property would be condemn...
The court denies various post-ruling motions, including a motion for clarification, and clarifies its previous opinion.
[A related decision is published at 23 ELR 20024.]
Counsel for PetitionerMichael SteinbergMorgan, Lewis & Bockius1800 M St. NW, Ste. 800, Washington DC 20036(202) 467-7000
C...
The Ohio Supreme Court rules constitutional a state hazardous waste siting law that preempts local zoning or prohibition of disposal sites. Appellants, trustees of a non-home rule township, argue first that the law cannot apply to home rule governments because the law encroaches on powers reserved t...
The court dismisses for lack of jurisdiction all claims against the United States and its contractors for radioactive contamination of land near the Rocky Flats Nuclear Plant weapons facility. This case began in 1975 as an action by a land buyer against the seller and a government contractor over ra...
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 ...
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...
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...
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...
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...
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 ...