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In re Clean Air Act Admin. Inspection of the Bunker Hill Co.

Affirming the opinion of the district court, 11 ELR 20558, the Ninth Circuit Court of Appeals holds that under §114(a)(2) of the Clean Air Act the Environmental Protection Agency (EPA) is authorized to use non-Agency employees in making inspections of stationary sources. Looking to the plain meanin...

PPG Indus. v. Harrison

Following the Supreme Court's reversal, 10 ELR 20353, of its initial negative jurisdictional determination, 9 ELR 20086, the Fifth Circuit Court of Appeals rules that the Environmental Protection agency (EPA) imporperly applied its new source performance standards for fossil fuel-fired steam generat...

Nofelco Realty Corp. v. United States

The court rules that formal adjudicatory hearings are not required for dredge and fill permit proceedings under §404 of the Federal Water Pollution Control Act (FWPCA). The court rejects plaintiffs' contention that since adjudicatory hearings are required under §402 of the FWPCA they are required ...

Inyo, County of v. Los Angeles, City of

The court rules that an environmental impact report (EIR) prepared by respondents for a water project in Owens Valley does not comply with the California Environmental Quality Act (CEQA). In 1977, the court placed a limit on the extraction of subsurface water for export from Owens Valley, 7 ELR 2058...

Sign Supplies of Tex., Inc. v. McConn

The district court upholds the constitutionality of Houston City Ordinances 80-351, 80-945, 80-984, regulating the use of portable signs. The ordinance, which was challenged by individuals and corporations engaged in leasing, renting, and manufacturing portable signs, requires sign owners to secure ...

Sierra Club v. Indiana-Kentucky Elec. Corp.

A federal district court refuses to enforce air quality standards for Indiana that were declared invalid under state law by the Indiana Court of Appeals.
[The complaints in this and two companion proceedings are summarized at 11 ELR 65681 — Ed.]
Counsel for PlaintiffFrederick S. Middleton III, H...

Rockaway Valley Regional Sewerage Auth. v. Gorsuch

Following its denial of plaintiff's motion for injunctive relief, 11 ELR 21101, the district court stays further proceedings in an action seeking a $44 million federal construction grant for completion of a wastewater treatment facility, pending resolution of a related case in state court. The court...

Rockaway Valley Regional Sewerage Auth. v. Gorsuch

The district court denies plaintiff's application for preliminary relief restraining defendants from issuing federal construction grant awards to other New Jersey sewage treatment projects that would reduce the available share of such funds to less than $44 million. Plaintiff seeks a $44 million con...

SED, Inc. v. Dayton, City of

The court refuses to enjoin defendant's suit in state court seeking to enforce city of Dayton ordinances prohibiting the storage of polychlorinated biphenyls (PCBs) within the city limits. The court denies defendant's motion to dismiss, ruling that (1) it has diversity jurisdiction, (2) the minimum ...

SED, Inc. v. Dayton, City of

The court denies defendant's motion to dismiss on abstention grounds a suit seeking to enjoin defendant from enforcing city ordinances regulating hazardous wastes. The court concludes that defendant failed to demonstrate that the case involves sufficiently exceptional circumstances to warrant absten...