The Washington Supreme Court holds that a board of county commissioners (board) has independent authority under the State Environmental Poicy Act (SEPA) to deny, for environmental reasons, an application for residential development. Lake Lawrence, Inc. applied to the board to develop an area of low ...

The Sixth Circuit Court of Appeals rejects a challenge to the Nuclear Regulatory Commission's exercise of jurisdiction to regulate the siting of transmission lines from nuclear power plants. Without deciding whether the Commission has authority to consider the environmental effects of transmission l...

The court upholds the Environmental Protection Agency's (EPA's) designation of part of Clermont County, Ohio as a nonattainment area under §107(d) of the Clean Air Act. Noting that the applicable standard of review permits the agency's action to be reversed only if arbitrary or capricious, the cour...

The court dismisses a suit challenging Environmental Protection Agency regulations issued under the Federal Water Pollution Control Act requiring an antidegradation policy to be integrated in state water quality control plans. Since under the policy the states retain discretion to establish use cate...

The court rules that because the Environmental Protection Agency (EPA) promulgated final non-attainment area designations for California pursuant to §107(d) of the Clean Air Act without providing an opportunity for notice and comment as required by the Administrative Procedure Act (APA), the design...

The court rules that the exemption to the National Environmental Policy Act (NEPA) contained in §501(c) of the Refugee Education Assistance Act (REAA) applies fully to the transfer of Cuban and Haitian refugees from Florida to Fort Allen, Puerto Rico. The district court had issued a preliminary inj...

The court holds that all hatchery fish must be included in the computation of Pacific Northwest Indian tribes' treaty share of fish and that the tribes have an implied right to environmental protection of the fish habitat. The Supreme Court had previously held, 9 ELR 20517, that the fishing rights c...

Affirming the district court's dismissal of the lawsuit, 9 ELR 20616, the Tenth Circuit Court of Appeals holds that injuries to plaintiffs that might arise as a result of preparation of a programmatic, basinwide environmental impact statement (EIS) for the Central Utah Water Project are not sufficie...

The district court invalidates the designation of Historic Green Springs District in Louisa County, Virginia, as a National Historic Landmark and its placement on the National Register of Historic Places because of the Department of the Interior's failure to (1) promulgate substantive standards guid...

The court rules that the Pennsylvania Avenue Development Corporation (PADC), a federal entity established by the PADC Act to rehabilitate an area between the Capitol and the White House on Pennsylvania Avenue in the District of Columbia, need not comply with the District's Historic Landmark and Hist...