The Third Circuit Court of Appeals overturns appellants' convictions under the Federal Water Pollution Control Act for discharging pollutants from mushroom compost manufacturing operations without a permit. Environmental Protection Agency regulations governing its national pollutant discharge elimin...
The court upholds the Environmental Protection Agency's (EPA's) primary and secondary national ambient air quality standards (NAAQS) for ozone. Applying an "arbitrary and capricious" standard of review, the court first rejects all substantive challenges to the final standards. Because the Clean Air ...
Sitting en banc, the circuit court vacates a decision of its panel, 10 ELR 20526, and affirms a district court's ruling, 10 ELR 20208, that the Secretary of the Interior is authorized under the Surface Mining Control and Reclamation Act (SMCRA) to promulgate minimum information requirements for coal...
The district court denies defendants' motion to stay implementation of an auto emissions inspection and maintenance program pending appeal of the court's denial, 11 ELR 20954, of defendants' motion to modify the consent decree. Defendants have not demonstrated (1) a likelihood of success on appeal, ...
The court upholds the California Coastal Commission's denial of appellant's coastal development permit application for a road project that would require the filling of a portion of the Los Penasquitos Lagoon's wetlands, finding the Commission's decision is supported bysubstantial evidence. The propo...
The Ninth Circuit Court of Appeals affirms the Federal Energy Regulatory Commission's (FERC's) finding that petitioner's White River hydroelectric generating project is located on "navigable waters" as defined by §3(8) of the Federal Power Act and rules that the agency's finding of navigability is ...
The district court grants in part and denies in part defendants' motion to dismiss the state and the federal governments' lawsuits seeking enforcement of the Clean Air Act and the Illinois state implementation plan (SIP). The Illinois SIP withstood industry challenges in federal court, but, in Illin...
The court vacates its decision, 11 ELR 20472, denying defendants' motion to dismiss the United States' claim under the federal common law of nuisance for water pollution emanating from defendants' hazardous waste disposal site. The court also dismisses the count of the complaint seeking damages unde...
The court upholds the adequacy of an environmental impact statement (EIS) prepared by the Army Corps of Engineers for a municipal water supply facility. Pursuant to a specific congressional enactment, the Corps studied five potential dam sites and selected the Cypress Creek site as most suitable for...
Invoking the doctrine of equitable estoppel, the court refuses to require restoration of a pond built in violation of the Rivers and Harbors Act. With the assistance of the Soil Conservation Service (SCS), defendants built drainage ditches and a pond without obtaining a permit from the Army Corps of...