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Irving, City of v. Federal Aviation Admin.

The court upholds the Federal Aviation Administration's (FAA's) finding that increased use of runway 13L at the Dallas-Fort Worth Regional Airport for a 60-day test period does not require preparation of an environmental impact statement (EIS). Applying a "reasonableness" standard of review, the cou...

Superior Oil Co. v. Andrus

The Third Circuit Court of Appeals reverses the district court's dismissal of appellants' action for improper venue and rules that an action under the Outer Continental Shelf Lands Act (OCSLA) against government defendants may be brought in any judicial district. Appellants brought suit in the Distr...

Nance v. EPA

The court of appeals upholds the Environmental Protection Agency's (EPA's) approval of the Northern Cheyenne Tribe's redesignation of its reservation, for purposes of the prevention of significant deterioration (PSD) program under the Clean Air Act, from Class II to Class I. The gravamen of the argu...

Public Serv. Co. of Ind. v. EPA

The district court rejects challenges raised by the owner of two stationary sources to search warrants obtained by the Environmental Protection Agency (EPA) in connection with the inspection of the sources, and upholds the taking of photographs by EPA inspectors. The court concludes that although, u...

National Audubon Soc'y v. Watt

The court enjoins the Department of the Interior (DOI) and the state of North Dakota from proceeding with construction of the Garrison River diversion project for lack of congressional authorization. In 1977, plaintiff filed suit challenging the adequacy of the project's environmental impact stateme...

In re Aluminum Co. of Am.

The district court denies the Aluminum Co. of America's (ALCOA's) motion to quash an administrative search warrant, ruling that under §114(a)(2) of the Clean Air Act the Environmental Protection Agency (EPA) is authorized to use non-Agency personnel in making inspections of emission sources. The co...

United States v. Stauffer Chem. Co.

The district court denies Stauffer Chemical Co.'s motion to quash an administrative search warrant obtained by the Environmental Protection Agency (EPA), concluding that under §114(a)(2) of the Clean Air Act EPA is authorized to use non-Agency employees in making inspections of emission sources. On...

In re Clean Air Act Admin. Inspection of the Bunker Hill Co.

The district court denies the Bunker Hill Company's motion to quash an administrative search warrant directing it to admit both an Environmental Protection Agency (EPA) employee and a non-employee hired by the agency as an independent contractor for purposes of making an inspection of its zinc smelt...

In re Stauffer Chem. Co.

The court issues a preliminary injunction restraining the Environmental Protection Agency (EPA) from conducting an inspection of an emission source with non-Agency personnel, ruling that under §114(a)(2) of the Clean Air Act only EPA employees have a right of entry to make inspections. In support o...

Stauffer Chem. Co. v. EPA

The Tenth Circuit Court of Appeals rules that an employee of a private company under contract with the Environmental Protection Agency (EPA) to carry out an inspection program is not an "authorized representative" of the Administrator under §114(a)(2) of the Clean Air Act and thus has no right of e...