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Mt. Airy Ref. Co. v. Schlesinger

The district court remands, for violations of the Department of Energy Organization Act and the National Environmental Policy Act (NEPA), regulations issued by the Department of Energy (DOE) amending the domestic crude oil allocation plan so as to adjust the economic benefits given small refiners pu...

Kilroy v. Quarles

The Ninth Circuit Court of Appeals affirms a lower court's refusal to issue a preliminary injunction prohibiting the Environmental Protection Agency (EPA) from requiring the city of Los Angeles to undertake a temporary landfill project to dispose of sewage sludge from the Hyperion treatment plant. T...

Battle Creek, City of v. Federal Trade Comm'n

The district court dismisses an action seeking an injunction against ongoing Federal Trade Commisssion (FTC) proceedings concerning possible antitrust violations by several cereal manufacturers located within plaintiff city. The basis of the claim is that in the event that the FTC ultimately decides...

Organic Growers of Mich. v. Michigan Dep't of Agric.

The court grants an award of attorney fees under the Michigan Environmental Protection Act (MEPA) to plaintiffs who won a preliminary injunction against gypsy moth spraying programs in 1978 and 1979. Section 3(3) of MEPA does not limit a fees award to the prevailing party. the court emphasizes, but ...

Natural Resources Defense Council v. Costle

Granting plaintiff's motion for partial summary judgment, the court directs the Environmental Protection Agency (EPA) to propose rules for the testing of 18 "priority" chemicals, as required by the Toxic Substances Control Act (TSCA). Section 4 of the statute established the Interagency Testing Comm...

In re Steuart Transp. Co.

In an action in which the United States and the state of Virginia seek penalties and cleanup costs in connection with an oil spill, the court denies defendant's motion for summary judgment on the question of whether it may be held liable for the loss of migratory waterfowl. Though it agrees with def...

Pennsylvania Citizens Coalition v. EPA

After denying, 10 ELR 20152, a petition for review of the Environmental Protection Agency's (EPA's) definition of "new source" coal mines in regulations promulgated under §306 of the Federal Water Pollution Control Act, the Third Circuit Court of Appeals, on a motion for rehearing, grants the petit...

Johnsrud v. Carter

The Third Circuit Court of Appeals reverses a district court's dismissal of an action seeking an injunctive order requiring the United States to warn all residents within 200 miles of the Three Mile Island nuclear plant of the radiation hazards associated with the accident that occurred there in 197...

Republic Steel Corp. v. Costle

The Sixth Circuit Court of Appeals dismisses petitions challenging the procedure and methodology used by the Environmental Protection Agency (EPA) in designating a number of areas in Ohio as nonattainment for sulfur dioxide under the 1977 Clean Air Act Amendments. The court rejects the charge that E...

National Ctr. for Preservation Law v. Landrieu

In a suit charging the Department of Housing and Urban Development and the Department of Commerce with violations of the National Environmental Policy Act and the National Historic Preservation Act in connection with their financial support of a hotel and convention center project in Charleston, Sou...