The court affirms a district court decision upholding the adequacy of an environmental impact statement (EIS) prepared by the Department of Energy (DOE) concerning promulgation of the "tilt" rule, a mechanism for adjusting the price of gasoline. After issuing the regulation once and then withdrawing...

The court rules that the use of construction methods for a subway extension project different from those described in the environmental impact statement (EIS) does not necessarily require that the project be enjoined pending completion of a supplemental EIS. Defendants bear the burden, however, of e...

The court grants the government's motion for a preliminary injunction requiring disposal and cleanup activities at two hazardous waste storage sites in a suit brought under §7003 of the Resource Conservation and Recovery Act of 1976. The court has jurisdiction pursuant to §7003 because the governm...

The Fourth Circuit Court of Appeals denies petitions by various industrial parties and the Natural Resources Defense Council challenging the Environmental Protection Agency's (EPA's) amended regulations governing variances from best practicable technology (BPT) effluent limitation standards under §...

Reversing the district court's dismissal of a suit for failure to state a claim on which relief can be granted, the Seventh Circuit Court of Appeals rules that, under the federal common law of nuisance, suit may be brought to remedy pollution of any navigable water of the United States. The trial co...

The court denies a motion for a preliminary injunction against enforcement of the Surface Mining Control and Reclamation Act (SMCRA) and upholds the Act's constitutionality against a broad attack alleging violations of the Commerce Clause, the Tenth Amendment, and the Fifth Amendment, as well as den...

The Ninth Circuit Court of Appeals upholds, with one exception, challenged portions of the Environmental Protection Agency's (EPA's) regulations establishing effluent limitations for seafood processors on the West Coast and in Alaska. There is sufficient evidence in the record to support EPA's decis...

The Ninth Circuit Court of Appeals affirms the lower court's dismissal, 8 ELR 20386, of a suit by a disappointed bidder seeking to void the lease of a federally owned shipyard because of alleged violations of the National Environmental Policy Act and the Coastal Zone Management Act. Appellant challe...

The court denies petitioners' motion for rehearing of its earlier ruling, 9 ELR 20228, that it lacked jurisdiction to review certain regulations promulgated under the Noise Control Act of 1972. None of the regulatory provisions challenged in the rehearing petition were issued under §6 of the Act, t...

The court dismisses a petition for review of a Notice of Deficiency issued by the Environmental Protection Agency (EPA) with regard to the sufficiency of the Illinois state implementation plan (SIP) on the grounds that the Notice is not "final action" reviewable under §307(b)(1) of the Clean Air Ac...