Upon motion for rehearing after its April 16, 1985, opinion, 15 ELR 20499, the court holds that the environmental impact statement (EIS) clarity regulation is not trivial and applies to material in an EIS' appendix. The court first reaffirms its prior holding that the filing of the EIS was a final, ...

While rejecting other challenges to the Federal Energy Regulatory Commission's (FERC's) decision to grant a small-scale hydropower project an exemption from federal licensing procedures under the Energy Security Act of 1980, the court holds that FERC erred in preparing neither an environmental asses...

The court holds that the Corps of Engineers did not abuse its discretion in concluding that a temporary barge fleeting facility on the Illinois bank of the Mississippi River would not have a significant impact on the environment requiring preparation of an environmental impact statement (EIS). The c...

The court holds that two intermittent streams, though not navigable-in-fact, have a sufficient impact on interstate commerce to qualify as waters of the United States, subjecting the plaintiffs to Environmental Protection Agency jurisdiction for the issuance of discharge permits under the Federal Wa...

The court rules that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) registration process is not subject to the procedural requirements of the National Environmental Policy Act (NEPA), and holds that the plaintiff did not exhaust the administrative remedies available under FIFRA in c...

The court rules that the Surface Mining Control and Reclamation Act (SMCRA) §402 reclamation fee may be levied only upon the weight of combustible coal mined, not on the weight of rock, clay, dirt, and other debris mined with the coal.The court preliminarily holds that the district court's grant of...

The court holds that individual corporate officers may be personally liable for the corporation's operation of an industrial waste disposal service in violation of §13 of the Rivers and Harbors Appropriation Act. In this appeal from a district court judgment against Pollution Abatement Services and...

The Court holds that under Pennsylvania law a purchaser of land, who cleaned up hazardous wastes placed on the land by the corporate predecessor of the seller of the land, does not have a viable cause of action against the seller for cleanup costs in private or public nuisance or common-law indemnit...

The court holds that a suit seeking to enforce various federal environmental laws against a debtor in an ongoing Chapter 11 bankruptcy proceeding may be withdrawn from the bankruptcy judge and is exempt from the automatic bankruptcy stay.
The court first holds that the suit, alleging violations of ...

The court holds that a county ordinance declaring the permanent disposal of hazardous wastes in Fairmont, West Virginia, to be a public nuisance is not preempted by the Resource Conservation and Recovery Act (RCRA) or by the West Virginia Hazardous Waste Management Act (WVHWMA) and does not ban safe...