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National Indep. Meat Packers Ass'n v. EPA

The court dismisses a petition for review of Environmental Protection Agency regulations establishing effluent limitations under the Federal Water Pollution Control Act Amendments of 1972 for slaughterhouses and meat packing plants. Essentially all of petitioners' technical challenges to the regulat...

Appalachian Power Co. v. Train

The court holds unenforceable, for want of proper publication, cooling water intake structure regulations issued by the Environmental Protection Agency (EPA) to implement §316(b) of the Federal Water Pollution Control Act. The regulations at issue are "substantive rules of general applicability" wh...

Kenilworth, Borough of v. Department of Transp.

Plaintiff brought this action pursuant to the Environmental Rights Act, N.J.S.A. 2A:35A-1 et seq., seeking injunctive relief against the widening of the Garden State Parkway. The principal allegations were that defendants had failed to obtain a stream encroachment permit, were destroying trees which...

Johnson v. Bryant

The Supreme Court of Alabama reverses the granting of an injunction against the construction of a boathouse at the end of a pier extending over a navigable creek. Despite the finding below that the proposed boathouse would constitute a nuisance and a prospective breach of a restrictive covenant appl...

George's Pest Control v. EPA

Upon direct review, the Ninth Circuit upholds a finding by the Environmental Protection Agency Regional Administrator that defendant had applied a pesticide in a manner inconsistent with the label instructions in violation of the Federal Insecticide, Fungicide, and Rodenticide Act. The record contai...

Warm Springs Dam Task Force v. Gribble

The Ninth Circuit denies plaintiffs' motion for an injunction against further work on a proposed dam pending appeal of a lower court's ruling that the Corps of Engineers' revised environmental impact statement (EIS) for the project complies with the requirements of the National Environmental Policy ...

Salmon River Canal Co., Ltd. v. Bell Brand Ranches, Inc.

Reversing the district court's granting of defendants' motion for summary judgment, the Ninth Circuit remands a suit brought to enforce a 1953 judgment that had allocated the rights to the waters of the Salmon River. Although the 1953 judgment had declared the river and its tributaries fully appropr...

State v. Braun

Denying defendant's motion to dismiss an indictment charging a violation of the state Water and Air Resources Act, the court upholds the constitutionality of the Act as applied. Defendant's rendering plant was charged with emitting "odorous air contaminants." Defendant's argument that the section of...

Outdoor Power Equip. Inst., Inc. v. EPA

The court grants defendant's motion to dismiss, ruling that the appropriate forum for challenges to the Environmental Protection Agency's initial steps in regulating "major sources of noise" under the Noise Control Act of 1972 is the United States Court of Appeals for the District of Columbia Circui...

Monroe County Conservation Council v. Adams

The court affirms a lower court's judgment dissolving an injunction against the approval of federal funding for construction of a highway segment through Genessee Valley Park near Rochester, New York. The trial court was not clearly erroneous in determining that the project environmental impact stat...