The crime fraud exception to the attorney-client privilege permits the disclosure of an attorney's work product produced during the continuation of criminal violations of pollution control laws. An attorney for FMC Corp. claimed attorney-client and work product privileges in refusing to produce cert...
The Third Circuit Court of Appeals affirms the imposition of criminal sanctions on a corporation and its officers for discharging pollutants in violation of §301 of the Federal Water Pollution Control Act (FWPCA). The court rejects defendants' contention that the Environmental Protection Agency (EP...
The court grants defendants' motion for summary judgment in a suit seeking injunctive and declaratory relief against the proposed construction of a bus parking facility. Plaintiffs alleged that the environmental impact statement (EIS) for the project, which would accomodate 250 buses in Montgomery C...
Contrary to decisions of the Third and Fifth Circuits, the Seventh Circuit Court of Appeals upholds, against procedural and substantive challenges, the Environmental Protection Agency's (EPA's) designation of nonattainment areas under §107(d) of the Clean Air Act. The court rejects petitioners' ass...
Various motor vehicle and automotive parts manufacturers challenge the Environmental Protection Agency (EPA) Administrator's waiver of federal preemption, under Clean Air Act §209(b)(1), of the California regulations which limit the amount of in-use masintenance that a manufacturer can require of p...
The court denies a petition for review of the Environmental Protection Agency (EPA) Administrator's waiver of federal preemption of California regulations establishing an optional 100,000-mile procedure for manufacturer certification of new vehicle compliance with state NOx emission standards. The c...
The court denies plaintiff's motion for a temporary restraining order and a preliminary injunction against Outer Continental Shelf oil and gas Lease Sale No. 48. In challenging the legality of the lease sale two days before the sale was scheduled to take place on June 29, 1979, plaintiff alleged vio...
The Fifth Circuit Court of Appeals affirms a lower court's judgment that preparation of an environmental impact statement (EIS) is not required in conjunction with the Atlanta area's Regional Development Plan for transportation systems.The court of appeals finds that the Plan does not constitute a "...
The Fifth Circuit grants a petition by the Environmental Protection Agency for a clarification of a decision rendered in the case on May 3, 1979, 9 ELR 20311, in which the court invalidated the Agency's designation of non-attainment areas in Alabama pursuant to §107(d) of the Clean Air Act. The cou...
The Ninth Circuit Court of Appeals reverses a lower court's injunctive order, 7 ELR 20780, requiring the United States Navy to file annual environmental impact statements in conjunction with its appropriations requests for practice bombing on the Island of Kahoolawe. The Supreme Court's recent decis...