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State v. Iron Oxide Corp

The court rules that the purposeful or knowing release of hazardous wastes need not be shown to have caused widespread injury to constitute a crime under state law. Defendants sought to dismiss a criminal indictment alleging a conspiracy to maintain a nuisancedue to the disposal of hazardous wastes....

Sierra Pac. Power Co. v. EPA

The Ninth Circuit Court of Appeals rules that the Environmental Protection Agency (EPA) acted reasonably in determining that petitioners did not commence construction of Unit Two of Nevada's North Valmy coal-fired power plant prior to the effective date of EPA regulations requiring new pollution sou...

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

The court rules that the Army Corps of Engineers properly issued dredge and fill permits for a boat marina expansion and that the accompanying environmental impact statement (EIS) is adequate. The court rejects plaintiff's allegations that the permits and the EIS are "fatally defective." The court n...

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...