The court rules that the Illinois Pollution Control Board properly reversed the state Environmental Protection Agency's (EPA's) denial of an application for permits to operate a chemical company's coal-fired boilers and to construct a 40-foot extension to its smokestack to reduce sulfur dioxide conc...

The court upholds the district court's ruling that the Army Corps of Engineers' denial of a temporary general dredge and fill permit is a final agency action. The Corps' regulations provide for automatic general permits, issued on a state, regional, or nationwide basis, for certain categories of act...

The Supreme Court of Nebraska rules that a Nebraska statute conditioning the transfer of Nebraska groundwater across state lines upon the receipt of a permit from the director of the Department of Water Resources is not unconstitutional. The lower court enjoined appellants, owners of adjacent tracts...

The court grants in part an appeal by the Illinois Environmental Protection Agency challenging a variance issued to Mississippi River Grain Elevator, Inc. (MRGE) by the state Pollution Control Board (PCB), because of the failure of MRGE's petition to demonstrate that the requested variance was consi...

The court holds that a state court decision striking down a Clean Air Act state implementation plan (SIP) provision under state law renders the provision invalid and unenforceable even though the provision is still in the federally promulgated SIP. The Illinois Environmental Protection Agency (IEPA)...

The court upholds an order of the Environmental Protection Agency (EPA) finding that petitioner had failed to register a product as a pesticide in violation of §3(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and assessing a civil penalty of $2,500. The court first holds tha...

The court enters judgment against a soybean processor for discharging an explosive solvent into the Louisville, Kentucky, sewer system in violation of the Rivers and Harbors Act (RHA), the Federal Water Pollution Control Act (FWPCA), and the Comprehensive Environmental Response, Compensation, and Li...

The court affirms the district court's holding that application of §§301 and 404 of the Federal Water Pollution Control Act (FWPCA) to a state mosquito control district does not infringe on powers reserved to the states under the Tenth Amendment. The court finds that §404, which regulates dredge ...

The court upholds the district court's conclusion that an environmental impact statement (EIS) prepared for the construction of Interstate Highway 27 in Texas complied with the National Environmental Policy Act (NEPA). First, the court rules that by consolidating the hearing on preliminary injunctio...

The district court upholds the Department of the Navy's determination that the construction and operation of a water pit facility at the Puget Sound Naval Shipyard for the handling and temporary storage of radioactive fuel modules does not require the preparation of an environmental impact statement...