The court rules that the Interstate Commerce Commission (ICC) complied with the National Environmental Policy Act (NEPA) in approving construction of a jointly operated rail line and a connector rail line in the Powder River Basin in Wyoming. After resolving challenges based on the Interstate Commer...
The court orders the Environmental Protection Agency (EPA) to propose regulations within 180 days establishing emission standards for radionuclides in compliance with §112 of the Clean Air Act. The court rejects EPA's proposal, mandated in an earlier decision, 12 ELR 20457, in which the court found...
The court upholds a district court decision, 12 ELR 20658, that §503(h)(3) of the Alaska National Interest Lands Conservation Act (ANILCA) requires the United States Forest Service (USFS) to prepare an environmental impact statement (EIS) before approving U.S. Borax's amended plan for mining at Qua...
The court rules that two fishing associations may intervene as of right under FED. R. CIV. P. 24(a)(2) in an environmental group's suit challenging the United States Forest Service's failure to prepare an environmental impact statement for mining activities in Misty Fjords National Monument, Alaska....
The court rules that the Nuclear Regulatory Commission (NRC) may not allow site preparation activities for the Clinch River Breeder Reactor prior to issuance of a construction permit unless it finds that exigent circumstances warrant the exemption. Following a sua sponte reconsideration of the case,...
The court affirms the Nuclear Regulatory Commission's (NRC's) refusal to order a construction permit revocation hearing on the Seabrook Nuclear Generating Station. Initially, the court holds that NRC's refusal constitutes a final order which the court may review. It then holds that NRC is not requir...
The Sixth Circuit affirms the district court's ruling, issued pursuant to §521(c) of the Surface Mining Control and Reclamation Act (SMCRA), directing a coal company and its agent to comply with an order issued by the Secretary of the Interior to remedy an imminent and hazardous danger to the publi...
The court orders the Environmental Protection Agency (EPA) to propose within 180 days national emission standards for hazardous air pollutants (NESHAPS) for inorganic arsenic under §112 of the Clean Air Act. The court earlier had granted partial summary judgment for plaintiff, declaring that defend...
The court denies plaintiffs' request under §304 of the Clean Air Act for attorney fees in litigation over construction of Interstate 95 through Philadelphia. First, the court holds that the 1970 version of the Act governs. Plaintiffs brought suit and obtained a consent decree prior to the 1977 amen...
The court holds that the Department of the Interior violated §164(d) of the Clean Air Act in recommending that Death Valley National Monument be redesignated a Class I area without considering the non-air-quality impacts of the redesignation. First, the court rules that the Secretary of the Interio...