The court holds that neither §7003 of the Resource Conservation and Recovery Act (RCRA) nor §106(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) confers liability on non-negligent past off-site generators off-site generators are persons "contributing to" th...
The Colorado Supreme Court rejects all challenges to a municipal zoning ordinance which imposes appearance and placement controls on outdoor advertising and which requires the removal of signs extending more than three feet into public property within two years. The trial court's dismissal of the ac...
Affirming the decision of a three-judge district court, 7 ELR 20046, the Supreme Court upholds by a six-to-three vote the power of a state to adopt a system of disparate fees for hunting licenses which results in a nonresident paying 7.5 times the cost imposed upon a resident for similar privileges....
The court rules that it lacks jurisdiction to consider plaintiffs' challenges to the Environmental Protection Agency's (EPA's) failure to object to state issuance of a national pollutant discharge elimination system (NPDES) permit for a proposed petroleum refinery or to withdraw approval of the enti...
The court reverses a $10,000 civil penalty imposed on the city for operating a solid waste incinerator without a state permit. The city has known since 1970 that the incinerator was not in compliance with state air pollution standards.The Illinois Pollution Control Board filed a complaint in 1973, a...
The court denies a request that a temporary restraining order (TRO) be issued prohibiting defendant public utility from transferring spent nuclear fuel from the reactor at the Trojan Nuclear Plant to an on-site waste storage facility. The on-site facility was designed to handle spent-fuel containers...
The court holds that under the National Environmental Policy Act (NEPA) defendants need not prepare an environmental impact statement in connection with the decision to store indefinitely spent nuclear fuel in facilities intended only for short-term storage. Six weeks earlier, the court had denied p...
The Supreme Court affirms a Sixth Circuit decision enjoining closure of the nearly completed Tellico Dam because filling the reservoir behind the dam would destroy the critical habitat of the snail darter, an endangered species. The language and legislative history of §7 of the Endangered Species A...
The United States Supreme Court determines that the Price-Anderson Act, which limits the liability of federally licensed nuclear power plants for damages resulting from nuclear accidents to $560 million, does not violate either the Due Process Clause or the Equal Protection Clause of the Constitutio...
The court dismisses a suit to require the Secretary of Agriculture to withdraw a report to Congress on H.R. 39, the Alaska lands bill, until a land use management plan for the Tongass National Forest has been completed. Declining to find that the report embodied agency recommendations for legislativ...