The court denies plaintiff's request for mandamus directing the president of the United States to issue a supplemental budget statement under §8(b) of the Forest and Rangeland Renewable Resources Planning Act of 1974. The court declares moot the first of plaintiff's claims, that the president faile...
The court vacates an Interstate Commerce Commission (ICC) order which declined to modify existing railroad freight rate structures for recyclable and virgin resource materials.In response to petitions for review supported by the Environmental Protection Agency and the Federal Energy Administration, ...
In a suit challenging the grant of a permit under §404 of the Federal Water Pollution Control Act, the court issues an order allowing plaintiffs to submit evidence outside the administrative record. Plaintiffs, seeking to block completion of the Missouri Basin Power Project in consolidated suits, a...
In a suit by chemical manufacturers challenging certain portions of the Environmental Protection Agency's (EPA's) regulations governing discharges of hazardous substances into navigable waters under §311 of the Federal Water Pollution Control Act, the court grants summary judgment for plaintiffs af...
Affirming the lower court, the Fourth Circuit Court of Appeals holds that a corporation which reports oil spills to the Coast Guard pursuant to §311(b)(5) of the Federal Water Pollution Control Act is not entitled to the Fifth Amendment privilege against self-incrimination in a subsequent prosecuti...
In an action for a civil penalty and cleanup costs resulting from an oil spill, the court awards cleanup costs of $53,360.67 to the United States pursuant to §311 of the Federal Water Pollution Control Act. Defendant was a contributing cause of the spill because he failed to take reasonable precaut...
The court vacates a preliminary injunction after finding reasonable the Forest Service's decision not to prepare an environmental impact statement (EIS) for a herbicide spray program. In a suit brought by the Michigan Attorney General to block use of the herbicide 2,4,5-T on 73 acres in the Ottawa N...
This is the second opinion of the court in litigation arising over the Environmental Protection Agency's (EPA's) approval, pursuant to §110 of the Clean Air Act, 42 U.S.C. §7410, of West Virginia's state implementation plan (SIP). Following the earlier decision, 477 F.2d 495, 3 ELR 20310 (4th Cir....
The Seventh Circuit Court of Appeals affirms the district court's grant of summary judgment for defendant, 7 ELR 20518, in a suit to compel the Army Corps of Engineers to take remedial action regarding erosion damage to the Indiana Dunes National Lakeshore caused by harbor improvements in Michigan C...
On remand from the Supreme Court, the Sixth Circuit Court of Appeals concludes that the Clean Water Act of 1977 effectively overruled its previous decision, 7 ELR 20509, that the Environmental Protection Agency's failure to define best practicable control technology (BPT) for iron and steel manufact...