The court rules that two state regulations aimed at controlling fugitive dust emissions from roads are unconstitutional. The first regulation, requiring a road owner to take reasonable precautions to prevent generation of dust, is unconstitutionally vague because persons of common intelligence would...

The court enjoins the Secretary of the Interior from issuing coal leases that the House Committee on the Interior had requested he withhold under §204(e) of the Federal Land Management and Policy Act and parallel Interior Department regulations. The court first holds that Rep. Udall, chairman of th...

The court enlarges upon its reasons for issuing a preliminary injunction, 14 ELR 20043, enforcing §204(e) of the Federal Land Policy and Management Act and parallel Interior Department regulations allowing the House Committee on the Interior to withdraw lands from coal leasing.
Counsel are listed ...

The court rules that the Environmental Protection Agency (EPA) complied with the National Environmental Policy Act and the Federal Water Pollution Control Act in issuing construction grants for the expansion of a sewage treatment system without preparing an environmental impact statement (EIS). The ...

The court rules that defendants violated the Rivers and Harbors Act and the Federal Water Pollution Control Act (FWPCA) by filling a wetland area without a permit from the Army Corps of Engineers and orders restoration of the filled area. The court rules that the area in question was a part of the w...

The court rules that the Bureau of Land Management's (BLM's) environmental assessment (EA) of its Oregon herbicide spraying program is deficient under the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations for failure to do a "worst-case" analysis. The court rule...

The Court rules that collateral estoppel bars the United States from arguing in the Sixth Circuit that the Clean Air Act authorizes the Environmental Protection Agency to use private inspectors when the United States had already argued and lost the issue against the same defendant in the Tenth Circu...

The court refuses to dismiss a suit for reimbursement for oil spill cleanup costs under §311(f)(2) of the Federal Water Pollution Control Act, ruling that the complaint adequately alleged actions that would make the defendant personally liable for cleanup, and that the court has personal jurisdicti...

The Second Circuit affirms an award of attorney fees to an environmental group under the Equal Access to Justice Act holding that the government's position both before and during litigation was not substantially justified. Plaintiffs had sought injunctive relief barring the spraying of pesticides wi...

The court construes §305 of the National Historic Preservation Act to allow an award of appellate attorney fees and costs. Although §305 refers to actions brought in federal district court, the court holds that the wording of §305 does not exclude, and Congress could not have logically intended t...