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SED, Inc. v. Dayton, City of

The court rules that the city of Dayton's ordinances regulating polychlorinated biphenyl (PCB) disposal are excepted from preemption under the Toxic Substances Control Act (TSCA) as proper under the Federal Water Pollution Control Act (FWPCA). Plaintiffs sought to have the ordinances declared uncons...

Onondaga Landfill Sys., Inc. v. Flacke

The court rules that a Department of Environmental Conservation (DEC) regulation, which requires consideration of associated actions in determining if an environmental impact statement (EIS) is required for a project, is neither arbitrary nor capricious. DEC had determined that petitioner's mining p...

Balelo v. Klutznick

The district court rules that a regulation promulgated pursuant to the Marine Mammal Protection Act (MMPA) authorizing the placement of federal observers on tuna fishing vessels violates the MMPA and the Fourth Amendment. Under the regulation, federal observers are stationed aboard tuna vessels to c...

Southern Pac. Transp. Co. v. California Coastal Comm'n

The court holds that an application for Interstate Commerce Commission (ICC) approval of a railroad abandonment is subject to consistency review under §307 of the Coastal Zone Management Act (CZMA). The court finds that the text and the legislative history of the Act indicate Congress' intention to...

National Wildlife Fed'n v. Lewis

The court holds that the Department of Transportation complied with the National Environmental Policy Act and the Department of Transportation Act in deciding to construct a connecting highway between I-84 and I-86 in Connecticut. First, the court rules that the connector will have independent utili...

Manor Dev. Corp. v. Conservation Comm'n of Simsbury

The Supreme Court of Connecticut holds that a decrease in the amount of land which appellant has been permitted to develop does not constitute an unconstitutional taking of appellant's land. Appellee denied appellant's application for a permit to conduct a regulated activity on a tract of land which...

Hovson's, Inc. v. Secretary of the Interior

The court upholds the Secretary of the Interior's approval of the Comprehensive Management Plan (CMP) for the New Jersey Pinelands National Reserve and rejects challenges to the environmental impact statement (EIS) for the plan. The court first notes that the purpose of judicial review of an EIS is ...

Lusardi v. Curtis Point Property Owners Ass'n

The court invalidates a township zoning ordinance to the extent that it prohibits recreation as a primary use of shorefront property. It finds that the public trust doctrine and state laws and regulations concerning coastal areas manifest a public policy to encourage greater access to ocean beaches ...

American Petroleum Inst. v. EPA

The Fifth Circuit Court of Appeals affirms in part and remands in part the Environmental Protection Agency's (EPA's) final effluent guidelines for the oil and gas extraction point source category, which were promulgated pursuant to §301 of the Federal Water Pollution Control Act (FWPCA). The court ...

San Diego Unified Port Dist. v. Gianturco

The court affirms a district court's holding, 9 ELR 20041, that the California Department of Transportation (CalTrans) may not impose a flight curfew at San Diego's Lindbergh Field. The Supreme Court has ruled that the Federal Aviation Act and the Noise Control Act give the federal government full c...