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Isle of Hope Historical Ass'n v. Corps of Eng'rs

The Fifth Circuit Court of Appeals summarily affirms the district court's ruling, 11 ELR 20675, that the Army Corps of Engineers properly issued dredge and fill permits for a boat marina expansion and that the accompanying environmental impact statement is adequate.
Counsel are listed at 11 ELR 206...

Southern Appalachian Multiple Use Council v. Bergland

The court rules that the Secretary of Agriculture may recommend national forest lands east of the 100th meridian for designation as wilderness study areas and manage them as wilderness pursuant to the Wilderness Act and the Eastern Wilderness Act. The court finds that although Congress has exclusive...

Middlesex County Sewerage Auth. v. National Sea Clammers Ass'n

Reversing the judgment of the Third Circuit Court of Appeals, 10 ELR 20155, the United States Supreme Court rules that the federal common law of nuisance has been entirely preempted by the Federal Water Pollution Control Act (FWPCA) in the area of water pollution. Respondents commercial fishermen so...

Martell v. Mauzy

The court rules that the state of Illinois' failure to provide an adjudicatory hearing prior to denial of a landfill operating permit deprived plaintiffs of procedural due process. A recently approved amendment to the Illinois Environmental Protection Act authorizes the state Environmental Protectio...

Wilsonville, Village of v. SCA Servs., Inc.

The Illinois Supreme Court affirms a lower court ruling which, despite the fact that appellant's hazardous waste site is permitted by the Illinois Environmental Protection Agency (IEPA), held that the site constitutes a private and public nuisance, enjoined its operation, and ordered appellant to re...

Norfolk Noise Abatement Movement, Inc. v. Bond

The Fourth Circuit Court of Appeals holds that the district court properly ruled that the Federal Aviation Administration need not prepare an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA) for a runway extension project. The court notes that NEPA does not req...

American Motorcycle Ass'n v. Council on Environmental Quality

The court rules that plaintiff lacks standing to challenge the publication of a Council on Environmental Quality (CEQ) report regarding off road vehicle (ORV) use on public lands. Plaintiff challenged the procurement of the report, arguing that its members were deprived of the opportunity to bid for...

Hudson Stations, Inc. v. EPA

The court upholds a penalty of $3,000 assessed by the Environmental Protection Agency (EPA) against the corporate owner of a gasoline station. The station violated EPA's motor vehicle fuel regulations promulgated under §211(c) of the Clean Air Act by equipping a leaded gasoline pump with a nozzle i...

American Textile Mfrs. Inst., Inc. v. Donovan

The Supreme Court rules that the Occupational Safety and Health Act (OSH Act) does not require an analysis of the costs and benefits of health and safety standards promulgated pursuant to §6(b)(5) and upholds the Occupational Safety and Health Administration's (OSHA's) cotton dust standard. A cost-...

Petrolite Corp. v. EPA

The district court holds that provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing the Environmental Protection Agency to use plaintiff's previously submitted data to support a subsequent pesticide registration application by one of plaintiff's competitors and to...