The Third Circuit upholds the district court's dismissal of appellants' public nuisance claims but vacates the dismissal of tort claims for damages allegedly arising out of the accident at the Three Mile Island nuclear power plant in March 1979. The court first rules that the Atomic Energy Act, as a...

The court finds that although several deficiencies remain in the off-site preparedness plan for the Indian Point nuclear power plant in Buchanan, New York, the Nuclear Regulatory Commission (NRC) did not abuse its discretion in deciding not to take enforcement action to shut down or otherwise restri...

The Court, reversing the D.C. Circuit, 12 ELR 20212, rules that a party must at least partially succeed on the merits of its case before it may collect attorney fees under §307(f) of the Clean Air Act, which allows courts to award attorney fees where "appropriate." The Court first notes that neithe...

The Supreme Court rules that the National Highway Traffic Safety Administration (NHTSA) acted arbitrarily and capriciously in rescinding a safety standard requiring new motor vehicles to be equipped with passive restraints. The Court first holds that the D.C. Circuit correctly decided that the prope...

The Fifth Circuit, reversing in part the district court, rules that the Federal Highway Administration's (FHwA's) determination under §4(f) of the Department of Transportation Act that the selected route for the Interstate 220 bridge across Cross Lake in Louisiana is the route that least harms the ...

The court rules that under §311 of the Federal Water Pollution Control Act (FWPCA), the government may choose to seek oil spill cleanup costs from a negligent third party regardless of the possibility of seeking costs from the discharger and regardless of the liability limits the FWPCA sets for str...

The court upholds the Corps of Engineers' decision not to prepare an environmental impact statement for an after-the-fact dredge and fill permit. The court rules that the administrative record supports the Corps' decision. The Corps, in considering the mitigation measures imposed on the applicant, r...

On remand from the Supreme Court, the D.C. Circuit rules that an amendment to §189(a) of the Atomic Energy Act authorizing the Nuclear Regulatory Commission (NRC) to issue license amendments involving no significant hazard without first holding a hearing has rendered moot a previous decision, 11 EL...

The court holds that Burlington County has authority to acquire transferable Pineland Development Credits (PDCs) in the New Jersey Pinelands incidental to the acquisition of conservation easements, but that the county acted improperly in delegating unfettered PDC acquisition powers to an Exchange Bo...

The court enjoins the Army Corps of Engineers from authorizing activities under a dredge and fill permit issued for the Hampton Roads oil refinery in Virginia, finding violations of §404 of the Federal Water Pollution Control Act (FWPCA) and the National Environmental Policy Act (NEPA). The court r...