The court concludesthat a claim based on §7003 of the Resource Conservation and Recovery Act (RCRA), the "imminent and substantial endangerment" provision, states a cause of action under the federal common law of nuisance in a suit to remedy groundwater pollution caused by the storage and disposal ...
The court rules that the unappropriated waters of every natural stream within the state of Nebraska may be diverted from one water basin to another, unless such diversion is contrary to the public interest. Appellant had applied to the Department of Water Resources for authority to divert water from...
The court grants defendants' motion for summary judgment and dismisses plaintiffs' challenge to the construction of a convention center complex in an historic area of Charleston, S.C. Plaintiffs sought to enjoin construction of the hotel and convention center and to enjoin release of federal funds t...
The court allows the Secretary of the Interior to proceed with the "lease phase" of an outer continental shelf (OCS) oil and gas project in the Beaufort Sea because of compliance with the Outer Continental Shelf Lands Act (OCSLA), the National Environmental Policy Act (NEPA), the Endangered Species ...
The Second Circuit Court of Appeals reverses the issuance of a preliminary injunction against the Environmental Protection Agency's (EPA's) use of efficacy and hazard test data submitted by a pesticide producer pursuant to registration under the Federal Insecticide, Fungicide and Rodenticide Act (FI...
The court upholds an injunction, 7 ELR 20662, which prohibits the Bonneville Power Administration (BPA) from implementing Phase 2 of its Hydro-Thermal Power Program, a long-range cooperative plan formulated to meet the energy needs of the Pacific Northwest, pending preparation of an environmental im...
The court preliminarily enjoins a highway project pending completion of an environmental impact statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Plaintiffs sought to restrain further federal, state, and local agency action to create a four-lane boulevard through their neighb...
The court finds the city of Providence in contempt of a consent decree that set dates for its wastewater treatment plant to comply with a national pollutant discharge elimination system (NPDES) permit issued under the Federal Water Pollution Control Act (FWPCA). The city was issued an NPDES permit i...
The court upholds en banc the constitutionality of a San Diego ordinance which prohibits all off-site billboards and requires the removal of certain existing billboards following expiration of an amortization period. The court holds that the purposes recited in the ordinance—eliminating traffic ha...
The court remands the Environmental Protection Agency's (EPA's) designation of Summit County, Ohio as a nonattainment area for sulfur dioxide under the 1977 amendments to the Clean Air Act. Though it upholds as a general matter EPA's use of modeling data rather than monitoring data in designating no...