The court upholds the New Mexico Environmental Improvement Board's (EIB's) issuance of a regulation reducing the limits on emissions of sulfur dioxide from copper smelters. First, it rejects appellant's argument that the new emission limitations were improperly based on the requirements of federal r...

The court holds that corporate officers are personally liable for the corporation's violations of Hawaii's air pollution regulations. Civil penalties were imposed on appellants for open burning of automobiles. Although recognizing that discriminatory law enforcement is a defense in a criminal procee...

The court affirms a conviction for converting government property and violating the Wild Free-Roaming Horses and Burros Act against a defendant who sold for slaughter horses that had been rounded up from the public lands and lent under the Adopt-a-Horse Program. Under the program, which is administe...

The Ninth Circuit Court of Appeals affirms the lower court's denial of a request for a preliminary injunction barring construction of two federally funded highway projects located adjacent to a Trident submarine base. Appellants challenged (1) the Federal Highway Administration's compliance with Exe...

The District of Columbia Circuit Court joins the Third and Fifth Circuits, 9 ELR 20316 and 9 ELR 20311, in setting aside the Environmental Protection Agency's (EPA's) designation of nonattainment areas in New Jersey pursuant to §107(d) of the Clean Air Act for failure to adhere to the notice and co...

The Third Circuit Court of Appeals upholds the Environmental Protection Agency's (EPA's) approval of amendments to Pennsylvania's state implementation plan (SIP) imposing stricter limitations on emissions of particulates from coke oven batteries. The Agency properly approved the revision on the grou...

In a challenge to the Environmental Protection Agency's (EPA's) rules regulating polychlorinated biphenyls (PCBs), promulgated pursuant to the Toxic Substances Control Act (TSCA), the court upholds EPA's regulations allowing continuation of certain uses of PCBs but remands those regulations exemptin...

The Eighth Circuit Court of Appeals affirms appellant's conviction for knowingly destroying real property of the United States located within the National Wildlife Refuge System by draining private land subject to an easement for waterfowl production. The court rules that appellant's construction of...

The court finds that the Interior Department has complied with its previous order to pursue all statutorily available courses to protect the Redwood National Park from lumbering on the park's periphery. Interior's attempts to secure new funding or new regulatory power to protect the park have been r...

The court enjoins further channelization of Luxapalila Creek, a tributary of the Tombigbee River, after finding a substantial likelihood that plaintiffs will prevail on the merits of their claims that the project EIS fails to satisfy the requirements of NEPA. The channelization project, which is des...