The court upholds the criminal prosecution of appellee under a local ordinance prohibiting the keeping and burning of offensive or injurious substances. It holds that the ordinance is not preempted by a state law regulating hazardous waste since the substances in question are not among those identif...

After upholding plaintiff's standing to sue, the Louisiana Supreme Court holds that because the Bogue Falaya River is navigable at the point where defendants intend to construct a bridge the trial court properly issued an injunction against enjoining the construction of the bridge until defendants c...

The court denies plaintiff's petition for review of Special Federal Aviation Regulation 43 (SFAR 43), which temporarily allocates takeoff and landing slots among air carriers serving National Airport, Washington, D.C., and rules that the Secretary of Transportation's issuance of the regulation does ...

The court upholds the district court's ruling, 10 ELR 20785, that the United States may acquire waterfowl production areas under the Migratory Bird Hunting and Conservation Stamp Act with funds from the Migratory Bird Conservation Fund, without state consent and free of state statutory limitations. ...

The court rules that under §5 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Environmental Protection Agency (EPA) may use test data submitted by a previous applicant to evaluate a new application for an experimental use permit (EUP) for a weed killer. Because the new produ...

The Third Circuit Court of Appeals upholds a district court decision, 11 ELR 20849 allowing the Environmental Protection Agency (EPA) to issue a permit for experimental use of a pesticide for soybeans. It adopts the district court's conclusion that, under the Federal Insecticide, Fungicide, and Rode...

The court remands to the Environmental Protection Agency (EPA) a new rule promulgated pursuant to §319 of the Clean Air Act that changes the reference methods used to measure compliance with the 24-hour national ambient air quality standards (NAAQS) for sulfur oxides. When the NAAQS for sulfur oxid...

The court invalidates and remands the Environmental Protection Agency's (EPA's) best conventional pollutant control technology (BCT) regulations for "conventional" water pollutants on the ground that the Agency failed to conduct a cost-effectiveness test mandated by §304(b)(4)(B) of the Federal Wat...

Adopting the recommended decision of a magistrate, the district court rules that the New York Liquified Natural and Petroleum Gas Act (New York Act), N.Y. ENVIR. CONSERV. LAW §§23-701 et seq. (McKinney), is not preempted by the Natural Gas Act, 15 U.S.C. §§717 et seq., or the Natural Gas Pipelin...

The Sixth Circuit Court of Appeals affirms the district court's ruling, 9 ELR 20413, that the National Environmental Policy Act (NEPA) did not require the United States Fish and Wildlife Service (FWS) to prepare an environmental impact statement (EIS) before listing seven species of mollusks as enda...