On remand from the United States Supreme Court, the Ninth Circuit partially invalidates the Environmental Protection Agency's (EPA's) revised regulations requiring that California establish an automobile inspection and maintenance program. The case is not moot but ripe for decision, at least as to t...
The court denies the Environmental Protection Agency's (EPA's) petition for rehearing in a case in which several aspects of the Agency's disapproval of the Idaho air quality implementation plan were invalidated, but clarifies several points in its earlier opinion, 7 ELR 20681. The court notes that �...
Despite finding that the environmental impact statement (EIS) prepared by defendant failed to comply with the requirements of the National Environmental Policy Act (NEPA), the court denies plaintiff's request for injunctive relief against funding and construction of several sewage treatment faciliti...
The court holds invalid portions of the Environmental Protection Agency (EPA) regulations that adopt the "bubble concept" for determining whether a modification in or addition to an existing plant is subject to new source performance standards under §111 of the Clean Air Act. According to this conc...
The court issues a preliminary injunction prohibiting the defendants from conducting further rulemaking proceedings to implement the acreage limitation provision of the federal reclamation laws until an environmental impact statement (EIS) has been prepared and filed. Defendants' proposed regulation...
The D.C. Circuit denies a petition to review the Environmental Protection Agency's (EPA's) interim regulations implementing the Safe Drinking Water Act insofar as they relate to inorganic contaminants, but remands the record relating to organic contaminants for a report on whether the agency plans t...
The court denies defendants' motion to dismiss this action to halt the killing of wolves by Alaska officials on federal lands. Defendants argued that the State of Alaska should have been joined as an indispensable party under Fed. R. Civ. P. 19 and that the action was barred by res judicata pursuant...
The court reverses the judgment of the trial court sustaining the Board of Forestry's granting of a timber harvesting permit to a private lumber company. At the outset, the court rejects plaintiffs' contentions that the Board inadequately explained the basis for its action and that the trial court e...
In a split decision, the Supreme Court affirms, for the most part, the ruling of a three-judge district court, 7 ELR 20071, that the state of Washington's Tanker Law is unconstitutional because of being preempted by federal law. The Tanker Law regulates oil tanker navigation in Puget Sound through p...
In a separate opinion, Judge MacKinnon dissents in part from the court's decision, 8 ELR 20164, that the Environmental Protection Agency (EPA) is without authority under the Clean Air Act to use the "bubble concept" in applying new source performance standards to modifications at existing facilities...