The Tenth Circuit Court of Appeals affirms a lower court's order denying a motion for a preliminary injunction against the termination of Amtrak passenger rail service on three routes pursuant to a plan prepared by the Secretary of Transportation. The district court ruled plaintiffs' claim that the ...
The Delaware Supreme Court upholds the state legislature's delegation via the Beach Preservation Act of 1972, 7 DEL. CODE ANN. ch. 68, to the Department of Natural Resources and Environmental Control (DNREC) of the authority to regulate residential construction on private beaches. The trial court ha...
In three separately authored opinions, the court enlarges upon and modifies to some extent the rulings in its earlier per curiam decision, 9 ELR 20400, on the validity of various portions of the Environmental Protection Agency's (EPA's) regulations for the prevention of significant deterioration (PS...
The United States Supreme Court reverses a decision of the Ninth Circuit Court of Appeals and holds that the federal government's attempt to require that the public be given access to a privately constructed marina amounted to a taking of property without compensation in violation of the Fifth Amend...
The court denies requests by three plaintiffs for preliminary injunctive relief against the sale of oil and gas exploration leases to tracts of the outer continental shelf in the Beaufort Sea near Alaska. The court first concludes that plaintiffs are likely to succeed on the merits of their claims t...
The court vacates and remands the Environmental Protection Agency's (EPA's) approval of the state of Connecticut's application to revise its air quality implementation plan by revoking its indirect source review program. EPA erroneously construed §110(a)(5)(A)(iii) of the Clean Air Act as requiring...
In a suit brought by the United States for an injunction against the town of North Hempstead's allegedly illegal operation of an incinerator, the Second Circuit vacates, for lack of subject matter jurisdiction, all orders by the trial court relating to the operation of a certain landfill. Although t...
Reversing for the most part the district court's issuance of an injunction against further construction of a drainage channel near Devils Lake, North Dakota, the court rules that the term "navigable waters of the United States" as used in $10 of the Rivers and Harbors Act of 1899 is limited to bodie...
In a suit brought by holders of grazing permits contesting reductions in the numbers of animals which may be grazed thereunder on federal lands, the Court of Appeals for the Ninth Circuit reverses the district court's award of summary judgment to the government, 8 ELR 20833. After dismissing appella...
Vacating the lower court's denial of an injunction 9 ELR 20075, the Ninth Circuit Court of Appeals holds that the decision of the federal court in the District of Columbia in NRDC v. Morton, 5 ELR 20327, which involved the Bureau of Land Management's compliance with the National Environmental Policy...