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Kleppe v. New Mexico

The Supreme Court, reversing a three-judge district court, 6 ELR 20509, declares that the Wild Free-Roaming Horses and Burros Act does not unconstitutionally infringe on state sovereignty over wildlife. Observing that the Property Clause of the United States Constitution gives broad power to the Con...

Train v. Colorado Pub. Interest Research Group

In a citizen suit brought under the Federal Water Pollution Control Act (FWPCA) to require EPA to regulate radioactive discharges, the Court holds that radioactive effluents from Ft. St. Vrain Nuclear Generating Station and Rocky Flats nuclear weapons plant are subject to regulation under the Atomic...

Union Elec. Co. v. EPA

The Supreme Court holds that economic and technological infeasibility are not valid grounds for the review under §307(b)(1) of the Clean Air Act of the EPA Administrator's approval under §110(a)(2) of the Missouri implementation plan. Whether before or after lapse of the 30-day period specified in...

Essex County Preservation Ass'n v. Campbell

Although rejecting one ruling of the lower court, the court of appeals nonetheless affirms the district court's refusal, 5 ELR 20568, to issue a preliminary injunction against defendants' widening of a stretch of I-95 in Massachusetts. The 1975 NEPA amendment and the district court finding that ther...

Louisiana Envtl. Soc'y v. Brinegar

This action to stop construction of an interstate highway bypass over Lake Cross, an artificial lake near Shreveport, Louisiana, was tried on the merits following court of appeals affirmance, 6 ELR 20093, of this court's refusal to grant a preliminary injunction. Despite plaintiffs' thorough four-pr...

Natural Resources Defense Council v. Train

The court approves a settlement agreement in four consolidated cases challenging regulation of toxic water pollutants by the Environmental Protection Agency (EPA). Civil Action No. 2153-73 sought to compel EPA to expand the list of toxic pollutants promulgated under §307 of the Federal Water Pollut...

Bethlehem Steel Corp. v. EPA

The court dismisses for lack of jurisdiction an industry petition for review of EPA's action in partially approving New York State's revised water quality standards, 40 C.F.R. §120.10, 40 Fed. Reg. 13216 (Mar. 25, 1975) developed pursuant to §303 of the Federal Water Pollution Control Act (FWPCA),...

Mianus River Preservation Comm. v. Administrator

The court dismisses for lack of jurisdiction a petition for review of a National Pollutant Discharge Elimination System (NPDES) permit modification issued by the Commissioner of the Connecticut Department of Environmental Protection pursuant to §402 of the Federal Water Pollution Control Act Amendm...

Aeschliman v. NRC

The court reverses and remands a decision of the Nuclear Regulatory Commission granting construction permits for a proposed nuclear power plant in Midland, Michigan, because the NEPA environmental impact statement (EIS) for the project failed to consider explicitly the alternative of energy conserva...

Stoddard v. Western Carolina Regional Sewer Auth.

In a Federal Water Pollution Control Act (FWPCA) citizen suit, the court holds that discharges by defendant sewer authority in violation of its national pollutant discharge elimination system (NPDES) permit created a nuisance at plaintiffs' lake and surrounding property and constituted a compensable...