The court rules that a site-specific environmental impact statement (EIS) is not required under the National Environmental Policy Act (NEPA) prior to aerial broadcast spraying of insecticide to eradicate the gypsy moth in South Salem. Initially, the court holds that plaintiffs do not have a private ...

The court orders defendants to comply with insecticide spraying guidelines set forth in the work plan for the South Salem gypsy moth eradication program. It holds that Oregon's proposed work plan does not significantly deviate from the programmatic environmental impact statement (PEIS) prepared by t...

After refusing to enjoin aerial spraying of insecticide in South Salem, Oregon, 12 ELR 20766, 20769, the court rules that it has authority under the Administrative Procedure Act (APA) to review plaintiffs' allegations that the proposed gypsy moth eradication program violates the Federal Insecticide,...

The Second Circuit affirms two district court decisions finding that the Department of Transportation (DOT) complied with the National Environmental Policy Act (NEPA) and the Department of Transportation Act in approving the I-84/I-86 connecting highway, 12 ELR 20054, and dismissing as unripe a NEPA...

The court of appeals affirms a district court decision upholding the constitutionality of New York City Fire Department regulations governing the transportation of hazardous gases through the city by tank truck. Since the rules, which limit the routes over which and times during which gases may be t...

The Third Circuit upholds the constitutionality of provisions in the Federal Insecticide, Fungicide, and Rodenticide Act governing the Environmental Protection Agency's (EPA's) use of test data submitted in support of applications for registration of pesticides, but remands the pertinent EPA regulat...

The court holds that a plaintiff in a citizen suit under the Clean Air Act must meet minimum constitutional standing requirements. Since plaintiff failed to allege any injury resulting from defendants' alleged statutory violation in granting a permit for a cement facility, the action against local a...

The court preliminarily enjoins the city of Boston from enforcing certain rules governing the transportation of hazardous materials through city streets. Under the Hazardous Materials Transportation Act (HMTA) only those state rules that are inconsistent with federal regulations are preempted. The c...

The court dismisses a challenge to the Corps of Engineers' denial of a dredge and fill permit application under §10 of the Rivers and Harbors Act and §404 of the Federal Water Pollution Control Act. Applying the arbitrary and capricious standard of review, the court finds that the Corps acted with...

The Seventh Circuit holds that Illinois' federal common law of nuisance claims for pre-1972 pollution of navigable waters are preempted by the 1972 Federal Water Pollution Control Act Amendments (FWPCA). The court's prior decision, 10 ELR 20323, was vacated by the Supreme Court, 11 ELR 10131, and re...