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Horizon Adirondack Corp. v. State

The court, in granting the state's motion to dismiss for failure to state a claim upon which relief can be granted, finds that the Adirondack Park Agency Act does not create a de facto taking of private property for which compensation must be paid. Plaintiff owns 24,000 acres in the park upon which ...

Exxon Corp. v. New York, City of

Reversing a lower court decision, 4 ELR 20565, the Second Circuit declares that the Clean Air Act preempts New York City's ordinance concerning gasoline lead content and volatility. The challenged ordinance required phased reduction of lead according to a shorter timetable than that adopted by the E...

Ward v. Coleman

The court denies an oil spiller's motion for summary judgment in a suit challenging the validity of a $500 civil penalty assessed under §311(b)(6) of the Federal Water Pollution Control Act Amendments of 1972. Ward's attempt to raise constitutional objections to the civil penalty device by claiming...

Associated Indus. of Ala. v. Train

The Fifth Circuit upholds the lower court's denial of a motion by the state of Alabama to intervene as of right in a suit over the water quality standards promulgated by the Environmental Protection Agency for Alabama. Plaintiffs challenge EPA's rejection of standards set by the Alabama Water Improv...

Environmental Defense Fund v. Hoffmann

After four-and-a-half years of litigation, the district court finds the Corps of Engineers' environmental impact statement (EIS) for the Cache River channelization project in compliance with the National Environmental Policy Act (NEPA). Plaintiffs' original complaint resulted in an injunction, after...

Associated Home Builders of the Greater East Bay v. Livermore, City of

The California Supreme Court upholds the city's building moratorium ordinance against challenges that it was illegally enacted by initiative, is unconstitutionally vague, and infringes on the right to travel, but remands for a determination at trial of whether the ordinance's exclusionary nature adv...

Hart v. Denver Urban Renewal Auth.

The Tenth Circuit affirms the trial court's injunction against sale of an historic department store tower in Denver for urban renewal purposes pending compliance with Department of Housing and Urban Development (HUD) regulations implementing the National Historic Preservation Act (NHPA) of 1966. Def...

Hill v. Tennessee Valley Auth.

Reversing the district court, 6 ELR 20583, the Sixth Circuit permanently enjoins further work on the Tellico Dam because completion of the project will violate §7 of the Endangered Species Act, ELR 41825, by destroying critical habitat of the snail darter, a fish listed by the Department of the Int...

Friends of the Earth v. Carey

The Second Circuit vacates a lower court decision that compelling New York City to implement and enforce transportation control strategies contained in the New York implementation plan by way of a judicial order in a citizen suit under §304 of the Clean Air Act would violate the city's rights under...

Wyoming v. Hoffmann

The state seeks a writ in the nature of mandamus and declaratory relief holding regulations promulgated by the Army Corps of Engineers and the Environmental Protection Agency pursuant to §404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §1344, ELR 41124, arbitrary and u...