This is the second opinion of the court in litigation arising over the Environmental Protection Agency's (EPA's) approval, pursuant to §110 of the Clean Air Act, 42 U.S.C. §7410, of West Virginia's state implementation plan (SIP). Following the earlier decision, 477 F.2d 495, 3 ELR 20310 (4th Cir....

The Seventh Circuit Court of Appeals affirms the district court's grant of summary judgment for defendant, 7 ELR 20518, in a suit to compel the Army Corps of Engineers to take remedial action regarding erosion damage to the Indiana Dunes National Lakeshore caused by harbor improvements in Michigan C...

On remand from the Supreme Court, the Sixth Circuit Court of Appeals concludes that the Clean Water Act of 1977 effectively overruled its previous decision, 7 ELR 20509, that the Environmental Protection Agency's failure to define best practicable control technology (BPT) for iron and steel manufact...

The Third Circuit affirms a district court's refusal to enjoin defendants' imposition of a fine for violation of the Pennsylvania Clean Streams Law upon a private company operating a federal munitions plant under contract with the United States. The court rejects the argument that the fine was barre...

Granting plaintiff's motion for summary judgment, the court holds that the Secretary of the Interior has an enforceable duty under the Wild Free-Roaming Horses and Burros Act to remove wild horses which have strayed from federal lands onto plaintiff's unfenced property. The court rejects the Secreta...

The court affirms the ruling below, 8 ELR 20012, that the approval by the Secretary of Health, Education and Welfare, pursuant to §1122 of the Social Security Act, of defendant's proposed modification of its hospital facilities is not a major federal action within the meaning of the National Enviro...

The First Circuit rejects challenges to the Nuclear Regulatory Commission's (NRC's) final approval of construction permits for intervenor's Seabrook nuclear power plant. The Commission did not violate its regulations requiring that nuclear plants be located at a sufficient distance from population c...

The court affirms the trial court's denial of a petition to vacate respondent's decision to approve a subdivision plan, ruling that the requirements of the California Environmental Quality Act (CEQA) have been fulfilled. The environmental impact report (EIR) prepared pursuant to CEQA identified eigh...

On defendant's motion for relief from the terms and conditions of a final consent decree regarding the treatment of pollutants discharged from a gold mine, the court rules that it has the power under FED. R. CIV. P. 60(b)(5) and the terms of the decree itself to grant defendant's motion because extr...

Reversing the lower court, the Tenth Circuit Court of Appeals strikes down as violative of the Commerce Clause an Oklahoma statute regulating the disposal of industrial waste within the state and banning importation of such waste unless the state of origin imposes similar standards and has a recipro...