The court explains the rationale behind its earlier order granting the Environmental Protection Agency's (EPA's) motion to dismiss a petition for review of the agency's decision subjecting three power plants currently under construction to new source review under EPA's regulations regarding "signifi...
The court affirms a lower court order overruling appellant's preliminary objections to the petition of the Department of Environmental Resources (DER) seeking enforcement of a consent order relating to abatement of air pollution from two of appellant's coke ovens. The consent order entitled Bethlehe...
In reviewing the authority of the state Historic District Commission, the court affirms the lower court decision that annulled the rejection of a proposed design for a development in an open area near the Old and Historic Nantucket District but reverses the lower court order that certificates of app...
Granting plaintiff's motion for preliminary injunctive relief, the court enjoins the aerial killing of wolves by the state of Alaska on lands under the jurisdiction of the Bureau of Land Management (BLM) pending completion of an environmental impact statement pursuant to the National Environmental P...
The court denies plaintiffs' motion for a preliminary injunction against construction of a shopping mall for which the Department of Housing and Urban Development (HUD) has determined an environmental impact statement (EIS) is unnecessary. Plaintiffs have standing to maintain this action since they ...
The court enjoins the Environmental Protection Agency (EPA) Administrator from registering a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) unless the applicant submits all required data, offers to pay compensation for use of plaintiff's previously submitted confiden...
The court denies a petition for review of the Environmental Protection Agency's (EPA) promulgation by regulation of an air quality implementation plan for Connecticut. Petitioners, Trustees of the Penn Central Transportation Company, sought vacation of the Connecticut state implementation plan (SIP)...
The court declares that the Price-Anderson Act's limitation on liability from a nuclear incident violates plaintiffs' due process and equal protection rights by allowing property destruction without compensation and by irrationally placing the cost of nuclear accidents on only a few citizens. Plaint...
The Fourth Circuit affirms a lower court's dismissal of a suit to enjoin construction of a bridge across the Ohio and Guyandotte Rivers at Huntington, West Virginia. After discussing the appropriate standard of review, the court rules that the environmental impact statement prepared by defendant in ...
The court dismisses, for lack of standing to sue, plaintiff's suit alleging that a National Environmental Policy Act (NEPA) environmental impact statement (EIS) must be prepared for legislative proposals to regulate strip mining. Plaintiff owns property on which surface and underground mining occurs...