The court rules that the United States Forest Service violated neither the Endangered Species Act (ESA) nor the National Environmental Policy Act (NEPA) by allowing a mineral exploration program to proceed in the Cabinet Mountains Wilderness of Montana, which plaintiffs alleged is inhabited by a doz...

The Fifth Circuit Court of Appeals reverses the district court and holds that appellant, a nonprofit corporation, has standing to sue the Environmental Protection Agency (EPA) for wrongfully denying the city of Miami Beach, Florida, permission to install a research project to demonstrate "deep curre...

The court rules that the Environmental Protection Agency (EPA) improperly modified a revision to Florida's state implementation plan (SIP) relaxing the emissions limitations applicable to petitioner's oil-fired power plants and remands to the Agency its approval of the revision. After making the rev...

After issuing a preliminary injunction, 11 ELR 20565, the court invalidates a sale of outer continental shelf (OCS) oil and gas leases because the Secretary of the Interior failed to make a required determination that the sale would be consistent with the California Coastal Management Plan (CCMP). T...

The court rules that Washington's Radioactive Storage and Transportation Act of 1980, which bans the storage of non-medical radioactive waste generated outside the state and the transportation of such waste to any storage site within the state, violates the Commerce Clause and the Supremacy Clause o...

The district court dismisses on jurisdictional grounds plaintiffs' request for a determination that §114(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) prohibits the state of New Jersey from collecting revenues pursuant to its Spill Compensation and...

The Court of Claims holds that the Army Corps of Engineers' denial of dredge and fill permits for completion of a planned residential development on Florida's Marco Island does not constitute a taking under the Fifth Amendment. Plaintiff acquired its Marco Island property in 1964 and received the pe...

The district court holds that plaintiff lacks standing to challenge the Environmental Protection Agency's (EPA's) denial of permission to the city of Miami Beach, Florida, to construct a research project under the Federal Water Pollution control Act (FWPCA) to demonstrate "deep current assimilation"...

The Fourth Circuit Court of Appeals transfers to the District of Columbia Circuit petitions for review of the national pollutant discharge elimination system (NPDES) permit provisions of the Environmental Protection Agency's (EPA's) consolidated permit regulations (CPRs). Because the Federal Water P...

The court holds that an applicant for a dredge and fill permit under §404 of the Federal Water Pollution Control Act is not entitled to an adjudicatory hearing. Section 404 provides that the Corps may issue permits "after notice and opportunity for public hearings." Under similar language in §402 ...