The district court rules that the General Services Administration (GSA) did not violate the National Environmental Policy Act (NEPA) in awarding a lease for office and courtroom space. Pursuant to §302(c)(10) of the Federal Property and Administrative Services Act of 1949, GSA requested offers for ...
Reversing the district court, the Sixth Circuit Court of Appeals rules that pursuant to §113 of the Clean Air Act the Environmental Protection Agency (EPA) may institute an enforcement action directly against the State of Ohio seeking relief from the state's alleged refusal to enforce that part of ...
The court affirms the lower court's order directing the Secretary of the Interior to promulgate regulations implementing the reclamation laws requiring holders of contracts for water from federal reclamation projects to sell landholdings in excess of 160 acres. Appellee argued that the lack of regul...
Denying defendant's motion for summary judgment, the court rules that the Environmental Protection Agency (EPA) may recover civil penalties from a state government for violations of the Clean Air Act. EPA sued the Ohio Department of Rehabilitation and Correction pursuant to §113 of the Act, seeking...
The court vacates an opinion of the Solicitor of the Department of the Interior interpreting §603(c) of the Federal Land Policy and Management Act (FLPMA) to require imposition of restrictions upon mineral development by oil and gas lessees on lands being considered by the Bureau of Land Management...
The court issues a preliminary injunction to enjoin enforcement of orders issued pursuant to the Surface Mining Control and Reclamation Act (SMCRA) against a coal tipple that operates independently of a surface coal mine. Plaintiff operated both a surface coal mine and a coal tipple at the same loca...
The court upholds the constitutionality of Florida's Air and Water Pollution Control Act. The Act, which makes it a crime to cause pollution that harms human, animal, or plant life, is not unconstitutionally vague because it defines pollution in commonly used words that put persons of common intelli...
The court rules that the State Department of Natural Resources (DNR) properly issued two national pollution discharge elimination system (NPDES) permits requiring compliance with federal and state secondary sewage treatment requirements prior to the July 1, 1977, deadline established by the Federal ...
The court rules that the Secretary of the Interior's failure to act on outstanding oil and gas lease applications in wilderness study areas in national forests constitutes a withdrawal of these lands from the Mineral Leasing Act of 1920 (MLA) under the Federal Land Policy and Management Act (FLPMA)....
The district court rules that although the Environmental Protection Agency (EPA) erroneously paid to plaintiff state agency sewage treatment works construction funds actually owed to defendant municipality, the Eleventh Amendment requires that defendant's counterclaim for damages be denied. The Penn...