The Environmental Protection Agency (EPA) is without authority to grant an extension in the petitioner's national pollutant discharge elimination system (NPDES) permit beyond the July 1, 1977, compliance deadline set in §301 of the Federal Water Pollution Control Act (FWPCA) Amendments of 1972. An ...

The New Hampshire Supreme Court affirms, as neither unlawful, unreasonable, nor unjust, the denial of a permit to fill a three-quarter-acre marsh area which would have destroyed the marsh's biological productivity. Plaintiff intended to use the filled area to gain access for repairing a sewer line w...

The Maine Site Location of Development Law, ELR 43027, does not require the Board of Environmental Protection to find separately that a proposed industrial development will not substantially degrade existing air quality before issuing a site permit. Following the Paper Company's proposal for major e...

In a suit to enjoin the Federal Aviation Administration (FAA) from approving the 1974 Logan Airport Layout Plan, the First Circuit remands the matter for a determination of mootness.
Counsel for PlaintiffsPeter Koff, Asst. Corporation CounselCity of Boston Law DepartmentOne City Hall SquareBoston M...

In a suit brought by neighboring landowners and an environmental association to enjoin construction of a highway bypass to be built with the partial assistance of federal funds, the court issues a preliminary injunction against further awards of contracts or construction pending preparation of an en...

A three-judge district court declares the state of Washington's Tanker Law, which regulates oil tanker navigation in Puget Sound, to be preempted by the federal Ports and Waterways Safety Act (PWSA). The court initially declines to hold that the Eleventh Amendment confers sovereign immunity on the s...

Reversing an order issued by the Environmental Hearing Board, the court finds that the Department of Environmental Resources (DER) has the power to direct municipalities to implement a regional solid waste management plan. Several of the townships previously adopted the plan, which DER had approved ...

The court grants summary judgment for defendants in a suit challenging the construction of sanitation facilities in Yosemite National Park and the approval of advertising promoting use of the park by business conventions. Plaintiffs err in contending that the federal defendants' actions constitute a...

The Second Circuit Court of Appeals rules that the Federal Power Commission (FPC fulfilled its obligations under the National Environmental Policy Act and the Federal Power Act in deciding to authorize construction of an electrical transmission line through the scenic Durham Valley. The case must be...

In a supplemental opinion issued in response to a petition for rehearing, the court reiterates its earlier holding, 7 ELR 20012, that §7(c) of the Administrative Procedure Act does not preclude assignment of the burden of persuasion to the opponent of an Environmental Protection Agency order suspen...