Reversing a district court's judgment and affirming a determination by the Environmental Protection Agency (EPA), the Ninth Circuit Court of Appeals holds that Units 3 and 4 of the Colstrip power plant in Montana are subject to the prevention of significant deterioration (PSD) review and permitting ...
The Seventh Circuit Court of Appeals reverses the district court's dismissal, for lack of subject matter jurisdiction, of a suit by three municipal utilities for damages from pollution caused by appellees' discharge of toxic substances into the Ohio River. In determining whether appellants properly ...
The court denies plaintiffs' motion for a preliminary injunction barring the proposed transfer of the Rhode Island Naval Auxiliary Landing Field from the General Services Administration to several other federal agencies. After preparing an environmental impact statement (EIS) addressing possible alt...
The court dismisses an action by homeowners seeking an injunction ordering the removal from adjoining lands of waste rock produced by a federally funded highway project. Plaintiffs alleged that defendants failed to comply with the provisions of the project's environmental impact statement (EIS) by d...
The court denies plaintiffs' motion for a preliminary injunction barring the proposed transfer of the Rhode Island Naval Auxiliary Landing Field from the General Services Administration to several other federal agencies. After preparing an environmental impact statement (EIS) addressing possible alt...
The court denies plaintiffs' motions for a temporary restraining order and a preliminary injunction in a suit challenging federal approvals of uranium mining and milling activities in the San Juan Basin of New Mexico for alleged violations of the National Environmental Policy Act (NEPA). The court h...
The Eighth Circuit Court of Appeals affirms a lower court's refusal, 9 ELR 20478, to enjoin construction of a state prison in Omaha, Nebraska, after finding that the requirements of the National Environmental Policy Act have not been violated. Part of the prison site was cleared pursuant to a federa...
Defendant, through the corporation of which he was president, Kentucky Liquid Recycling, Inc., caused the discharge of toxic organic pollutants into the sewers of Louisville, Kentucky, and thus into the Ohio River. The court finds defendant guilty of discharging pollutants into the waters of the Uni...
Granting defendants' motions to dismiss for failure to state a claim and for lack of jurisdiction, the court upholds enforcement actions taken by the Interior Department's Office of Surface Mining Reclamation and Enforcement (OSM) pursuant to the interim regulatory program under the Surface Mining C...
The Tenth Circuit Court of Appeals holds that the Bureau of Land Management (BLM) has authority to require a private party to pay part of the cost of preparing an environmental impact statement (EIS) in connection with processing an application for a right-of-way over public lands. The court of appe...