The Third Circuit affirms a lower court's denial of defendant's motion to dismiss for lack of jurisdiction a citizen suit under the Clean Air Act alleging violations of the Pennsylvania air quality implementation plan. The court rejects defendant's contention that the suit is barred by the Act's pro...

The court grants plaintiffs' motion for summary judgment and declares a California statute which conditions state certification of nuclear power plants on federal approval of nuclear waste disposal technology represents an unconstitutional invasion of an area of regulation preempted by federal law. ...

The Eighth Circuit Court of Appeals reverses a district court judgment, 8 ELR 20625, which enjoined the Environmental Protection Agency (EPA) from instituting an enforcement action against a utility for violating sulfur oxide emission limitations in the Missouri state implementation plan (SIP) pendi...

The court denies a petition to review the Environmental Protection Agency's (EPA's) approval of a revision of the Ohio air quality implementation plan exempting two soon-to-be-retired power plant boilers from emissions limitations for particulates. Holding that formal rulemaking was not required to ...

The first Circuit Court of Appeals lifts a preliminary injunction, 8 ELR 20187, restraining the Secretary of the Interior from proceeding with a planned sale of oil and gas development leases for outer continental shelf (OCS) lands off the coast of New England. The court finds that injunctive relief...

The court dismisses an action by the federal government to block construction of five high-rise buildings in Virginia across the Potomac River from Washington, D.C., ruling that plaintiff has failed to prove that the visual intrusion of the structures upon the national parks and monuments in Washing...

After more than five years of litigation regarding the regulations by the Environmental Protection Agency (EPA) of toxic water pollutants under §307 of the Federal Water Pollution Control Act (FWPCA), the court denies the industrial intervenors' motion to vacate a settlement agreement entered into ...

A nonprofit organization challenging a federal agency's system for regulating nonprescription drugs is found by the court to lack standing to sue. Where an associational plaintiff acts not to vindicate its own interest but in a representational capacity, those whose injury is sought to be redressed ...

The court invalidates a provision in the New York City Health Code which prohibits the operation of a nuclear reactor in the city, except pursuant to a municipal certificate of health and safety, finding the measure preempted by the Atomic Energy Act. Despite defendant's arguments to the contrary, t...

The court affirms the district court's opinion, 7 ELR 20658, in a suit in which the owner of a barge seeks to limits its liability for cleanup costs arising from an oil spill from the barge. The court first upholds the trial court's finding that the barge owner is solely at fault for the accident. S...