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Natural Resources Defense Council v. New York, City of

The Second Circuit orders the district court to issue a preliminary injunction against the demolition of the Helen Hayes and Morosco Theaters in New York City pending final disposition of appellants' claims based on state and federal historic preservation law. The court rules that appellants have me...

New York, City of v. EPA

The district court remands for revision the Environmental Protection Agency's (EPA's) ocean dumping permit regulations promulgated pursuant to the Marine Protection, Research, and Sanctuaries Act (MPRSA). In a prior ruling, 11 ELR 20763, the court held that ocean dumping of sewage sludge may continu...

New Jersey v. United States

The district court dismisses the state of New Jersey's lawsuit seeking a declaration that provisions of the New Jersey Spill Compensation and Control Act (SCCA) are not preempted by §114(c) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The SCCA authorizes th...

Southeast Alaska Conservation Council, Inc. v. Watson

The district court issues a temporary restraining order prohibiting certain mining activities within the Misty Fjords National Monument in Alaska. The U.S. Forest Service allowed U.S. Borax to begin the mining activities, which are identical to those described in U.S. Borax's 1979 Bulk Sampling Stud...

Southeast Alaska Conservation Council, Inc. v. Watson

The court rules that §503(h) of the Alaska National Interest Lands Conservation Act (ANILCA) requires the U.S. Forest Service to prepare an environmental impact statement (EIS) before approving amendments to the bulk sampling phase of U.S. Borax's plan of operations for mining activities within the...

Pacific Legal Found. v. Watt

The district court rejects challenges to §204(e) of the Federal Land Policy and Managment Act (FLPMA) as it was relied upon by the House Interior and Insular Affairs Committee in ordering the Secretary of the Interior to effect an emergency withdrawal of public lands. On June 1, 1981, in response t...

Sierra Club v. Gorsuch

The court holds that environmental group litigants are entitled to attorney fees for their unsuccessful challenge to the Environmental Protection Agency's (EPA's) Clean Air Act §111 new source performance standards for coal-fired power plants. It first rules, relying on the plain meaning of $307(f)...

Alabama Power Co. v. Gorsuch

The District of Columbia Circuit, applying the standard it enunciated in Sierra Club v. Gorsuch, 12 ELR 20213, grants in part and denies in part petitions for recovery of attorney fees and court costs under §307(f) of the Clean Air Act. The court denies the environmental groups' requests for attorn...

United States v. Conservation Chem. Co.

In a suit to enforce §7003 of the Resource Conservation and Recovery Act (RCRA) the court rules that plaintiff's complaint against two defendants fails to state a claim on which relief can be granted. The complaint named two corporations as defendants for the purpose of gaining entry to their prope...

O'Leary v. Moyer's Landfill, Inc.

The court rules that under Pennsylvania law financial incapacity is not a defense to an action for a preliminary injunction requiring defendants to comply with a Department of Environmental Resources (DER) order, issued pursuant to Pennsylvania's Solid Waste Management Act and Clean Streams Law, to ...