The Supreme Court denies a petition for a writ of certiorari and thereby refuses to review a Seventh Circuit decision, 9 ELR 20560, that the Environmental Protection Agency (EPA) properly invoked the good cause exemption in dispensing with prior notice and comment under §553 of the Administrative P...

The Ninth Circuit Court of Appeals affirms a lower court decision, 8 ELR 20853, rejecting challenges to federal approval of the state of California's Coastal Zone Management Program pursuant to the Coastal Zone Management Act. The lower court correctly ruled the challenges to federal approval of the...

The Ninth Circuit Court of Appeals reverses the lower court, 9 ELR 20326, and upholds the constitutionality of the Airborne Hunting Act. The congressional authority to regulate interstate commerce is sufficient to sustain the validity of the Act, which is similar to other statutory measures to incre...

The court denies a motion to dismiss a suit brought by the United States for injunctive and compensatory relief against emissions fromdefendants' aluminum reduction plant which settle upon the Flathead National Forest and Glacier National Park. Acknowledging that the United States, as the proprietor...

The D.C. Circuit Court of Appeals affirms the denial of a preliminary injunction, 9 ELR 20720, against implementation of the Interior Department's final regulations under the Surface Mining Control and Reclamation Act (SMCRA). Industry and state appellants had challenged the part of the regulations ...

The court enjoins the Secretary of the Interior from issuing leases to oil and gas development tracts in the Beaufort Sea area of the outer continental shelf (OCS) off the shore of Alaska. This opinion follows the court's earlier denial of preliminary relief, 10 ELR 20054.
Plaintiffs' motion for su...

The court establishes a schedule for the Environmental Protection Agency (EPA) to issue ocean discharge guidelines pursuant to §403(c) of the Clean Water Act, 33 U.S.C. §1343(c), ELR STAT. & REG. 42142. By November 9, 1979, the Agency is required to issue interim guidelines that conform to EPA...

Reversing the district court, the First Circuit Court of Appeals orders that civil penalties be assessed against appellee under §311 of the Federal Water Pollution Control Act for unauthorized discharges of oil into navigable waters. Although §311(a)(7) of the Act does not specifically list munici...

Following reconsideration by the Environmental Protection Agency (EPA) of two aspects of its final effluent limitations for pesticide manufacturers previously remanded to the Agency, 9 ELR 20609, the First Circuit Court of Appeals grants EPA's motion to dismiss the petitions for review. A recalculat...

The Third Circuit Court of Appeals dismisses for lack of jurisdiction consolidated petitions for review of Environmental Protection Agency (EPA) regulations, promulgated under §306 of the Federal Water Pollution Control Act, that deferred establishment of performance standards for closed or abandon...