The West Virginia Supreme Court holds that a complaint made by petitioners to the Office of Surface Mining of possible violations of the Surface Mining Control and Reclamation Act, a request made to the Environmental Protection Agency for an adjudicatory hearing under the Federal Water Pollution Con...

The district court denies defendants' motion to postpone until January 1983 implementation of an auto emissions inspection and maintenance program and orders defendants to submit a plan for the immediate implementation of the program by June 1, 1981. The court finds postponement unnecessary because ...

The district court approves, subject to several modifications, defendants' proposed auto emission inspection and maintenance plan. The court rules that operation of the inspection and maintenance program will begin on May 1, 1982, and that defendants must certify 3,000 inspection stations by that da...

The court rules that it has jurisdiction to compel the Environmental Protection Agency (EPA) to determine finally whether Illinois' and Indiana's revised state implementation plans (SIPs) for nonattainment areas comply with the Clean Air Act or, if the plans are disapproved, to order EPA to promulga...

The court dismisses plaintiff's jurisdictional challenge to an Environmental Protection Agency (EPA) enforcement order on grounds of failure to exhaust administrative remedies.EPA ordered plaintiff to cease discharging pollutants into navigable waters and dredging or filling wetlands without obtaini...

The court reverses the district court's ruling, 11 ELR 20166, that only the District Court for the District of Columbia has jurisdiction to hear a challenge to regulations issued under the Surface Mining Control and Reclamation Act (SMCRA) prohibiting mining within 100 feet of any cemetery. Appellan...

The court rejects a challenge to the Environmental Protection Agency's (EPA's) new source performance standards (NSPS) for steel mills. In 1974, under §111 of the Clean Air Act, EPA promulgated NSPS that governed only stack particulate emissions and not fugitive emissions from new steel mills emplo...

The appellate court rules that under North Carolina's Environmental Policy Act the North Carolina Environmental Management Commission was required to prepare an environmental impact statement (EIS) prior to issuing a certificate authorizing the Orange Water and Sewer Authority to proceed with constr...

The court rules that the denial of a residential development permit in a mangrove wetland does not violate the Takings Clause of the Fifth Amendment. The Florida Land and Water Adjudicatory Commission upheld a denial of respondents' application for a permit because of the environmental impact of dev...

Affirming in part and reversing in part the decision of the district court, 11 ELR 20242, the circuit court orders the entry of a preliminary injunction against construction of portions of the Tennessee-Tombigbee Waterway (TTW) pending supplementation of the project's environmental impact statement ...