The court invalidates regulations issued by the Department of Transportation (DOT) under the Hazardous Materials Transportation Act (HMTA) concerning the transportation of radioactive materials, insofar as the regulations override nonfederal bans on truck transportation of spent fuel and other large...

The court rejects substantive and procedural challenges to the Nuclear Regulatory Commission's (NRC's) amendment of a regulation implementing §206(a)(2) of the Energy Reorganization Act of 1974, which requires manufacturers of nuclear power plant components to notify NRC of defects in their product...

The court vacates the Environmental Protection Agency's (EPA's) decision to issue a national pollutant discharge elimination system (NPDES) permit for a proposed oil refinery at Eastport, Maine, and remands the case to EPA for further determinations under the Endangered Species Act (ESA) and the Fed...

The court dismisses challenges to the Environmental Protection Agency's (EPA's) grant of conditional extensions to a prevention of significant deterioration (PSD) permit for a proposed oil refinery. EPA had granted the applicant a PSD permit under 1975 Clean Air Act regulations and later granted an ...

The district court rules that the city of Philadelphia can maintain its claims under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and under state common-law theories for recovery of cleanup costs and damages from generators whose industrial wastes we...

The court clarifies its prior order, 12 ELR 20658, enjoining the Forest Service from authorizing certain mining activities pending preparation of an environmental impact statement. It enumerates specific mining activities that may be undertaken by U.S. Borax in the Misty Fjords National Monument. Th...

The Seventh Circuit affirms the district court's ruling, 11 ELR 20534, that a 1974 revision of the Indiana state implementation plan's (SIP's) opacity regulation (1974 APC-3) was partially approved by the Environmental Protection Agency (EPA) and is federally enforceable. Appellant contended that in...

The court remands to the Nuclear Regulatory Commission (NRC) an order amending the operating license for a nuclear power plant for consideration of the environmental effects of long-term storage of nuclear waste as required by the National Environmental Policy Act. The court notes that it previously...

The court invalidates the Environmental Protection Agency's (EPA's) Clean Air Act regulations redefining the term "stationary source" from a single piece of process equipment to an entire plant so as to allow companies modifying plants in nonattainment areas to use the "bubble concept" to avoid new ...

The court, which previously found the board of trustees in violation of the Federal Water Pollution Control Act and the Rivers and Harbors Act for filling a slough on the college campus without a permit, 12 ELR 20391, now offers the board two mitigation options. The board proposeda mitigation projec...