The court affirms the district court's dismissal, 13 ELR 20519, of certain claims under the Federal Aid Highway Act, the National Environmental Policy Act (NEPA), and the Clean Air Act in a challenge to the Westway highway project in New York. The court affirms the dismissal of the Highway Act and N...
The court enjoins the Federal Highway Administration (FHwA) and the Pennsylvania Department of Transportation from proceeding with construction or funding of 16.9 miles of the proposed Blue Route highway in Pennsylvania, finding that FHwA violated the National Environmental Policy Act (NEPA) and §4...
The court finds that plaintiffs are entitled to attorney fees under §204(a) of the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412, for their successful National Environmental Policy Act and Federal-Aid Highway Act challenges to construction of Interstate 476, 13 ELR 20349. First, the court ho...
The Third Circuit approves a settlement agreement between the steel industry, the Natural Resources Defense Council, and the Environmental Protection Agency (EPA) resolving lawsuits over Federal Water Pollution Control Act effluent limitations for the iron and steel manufacturing point source catego...
The court denies preliminary injunctive relief under the Endangered Species Act (ESA) and other environmental statutes against the Florida Game and Fresh Water Fish Commission's proposed four-day deer hunt to alleviate overcrowding in Florida State Conservation Area 3A. Initially, the court rules th...
The court upholds the issuance of an ex parte administrative warrant pursuant to §3013(d) of the Resource Conservation and Recovery Act (RCRA) authorizing the Environmental Protection Agency (EPA) to enter a hazardous waste disposal facility to test for hazardous waste pollution. Ruling on the moti...
The New Jersey Supreme Court upholds in part and vacates in part the Department of Environmental Protection's (DEP's) regulations that modify local solid waste management district plans by redirecting local district waste flow streams. First, the court holds that guidance documents and management ma...
The district court rules that the Bonneville Power Administration's (BPA's) proposed construction of transmission lines from Townsend, Montana, to Spokane, Washington, for the proposed Colstrip, Montana, power project does not violate the Montana Major Facility Siting Act or the National Environment...
The Tenth Circuit remands a federal condemnation action for findings on whether the proposed public access roads meet the necessity standard of §205(a) of the Federal Land Policy and Management Act (FLPMA), which authorizes the Secretary of the Interior to condemn private lands for access to public...
The court denies attorney fees to plaintiff under the Equal Access to Justice Act, finding that the government's position in a successful National Environmental Policy Act (NEPA) challenge to its herbicide spraying program, 13 ELR 20174, was substantially justified. In the earlier action, plaintiff ...