The Court holds that the California Coastal Commission's requirement for the grant of an easement from a beachfront landowner to allow the public access across the landowner's privately owned beach, which was located between two public beaches, as a condition of a building permit is an uncompensated...

The Court holds that a citizens' group that was awarded attorney fees under Clean Air Act §304(d) for its participation in litigation over Pennsylvania's implementation of an automobile inspection and maintenance program is not entitled to an enhancement of the fee based on risk of loss. A pluralit...

The court holds that state coastal management programs (CMPs) under the Coastal Zone Management Act (CZMA) are not immunized from Commerce Clause challenges, but the development restrictions in the Delaware Coastal Zone Act do not violate the Commerce Clause. The court first rules that state CMPs ar...

The court finds that the Occupational Safety and Health Administration (OSHA) is on the verge of unreasonably delaying the promulgation of a short-term exposure limit (STEL) for ethylene oxide (EtO) or explaining to the public why such a limit is unnecessary and holds that any delay beyond the propo...

The court holds that the application of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to wholly intrastate hazardous waste disposal does not exceed Congress' power under the Commerce Clause and that CERCLA has not preempted the common law of nuisance. The court f...

In a contribution action under the Minnesota Environmental Response and Liability Act, the court holds the owners and operators of two contaminated recycling facilities liable for 70 percent of the costs incurred by 13 generators in cleaning up the sites. The court finds that defendants' actions wer...

The court rules on an insurer's motions for summary judgment in litigation involving the Bunker Hill hazardous waste site in Idaho. The court first holds that the issue of whether a hazardous waste site operator complied with an insurance policy's coverage requirement of written notice of a pending ...

The court holds that the Forest Service's reoffer for sale of timber in a national forest in Oregon was not a decision under the Federal Timber Contract Payment Modification Act's (FTCPMA) implementing regulations and hence is not subject to appeal, and the Forest Service adequately reviewed the pot...

Affirming the lower court's decision, 9 ELR 20618, the court determines that the Department of Housing and Urban Development (HUD) correctly concluded that the construction of a housing project in Boston's South End was not a major federal action requiring preparation of an environmental impact stat...

The District of Columbia Circuit Court of Appeals rules that it is the proper court of venue for review of the Environmental Protection Agency's (EPA's) 1980 consolidated permit regulations (CPRs) issued pursuant to four pollution control statutes. Three of the four statutes require exclusive judici...