The court affirms an order of the Interstate Commerce Commission (ICC) requiring special operating authority to enable motor carriers to transport certain waste materials for recycling. Petitioner asserted that the ICC order lacks a rational basis and is inconsistent with an earlier court decision o...

Granting the government's motion for summary judgment, the court, in a case of first impression in the Third Circuit, upholds civil penalties assessed for oil spills under the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. §§1251-1376, ELR 41100-28, notwithstanding that defendants reported...

Reversing the district court, 7 ELR 20230, the Second Circuit holds that the final enironmental impact statement (EIS) for the lease sale of tracts for oil and gas exploitation on the mid-Atlantic Outer Continental Shelf (OCS) satisfied the requirements of the National Environmental Policy Act. The ...

Finding that it has exclusive jurisdiction to review the regulations in question, the court holds that the Environmental Protection Agency (EPA) may not regulate motor oil and motor oil additives under §211 of the Clean Air Act. Section 211, 42 U.S.C. §1857f-6c, ELR 41214-15, authorizes EPA to reg...

Affirming a lower court, 37 Ill. App. 3d 440, the Illinois Supreme Court holds that the Environmental Protection Act, Ill. Rev. Stat. 1975, ch. 111 1/2, para. 1001, 1005, does not empower the Pollution Control Board (PCB) to coordinate sewage treatment through regional water-treatment plans. The PCB...

Rejecting plaintiffs' motion for a preliminary injunction, the court agrees that the Environmental Protection Agency (EPA) may enforce its orders requiring Los Angeles to proceed with construction of the Hyperion interim sewage sludge disposal project while postponing the awarding of a grant to help...

Upholding the Appellate Department's reversal of the Municipal Court, 6 ELR 20784, the California Court of Appeals holds that a kayaker who used a public easement for access to a navigable river did not commit criminal trespass against the landowner. In 1940, the predecessor in title to the landowne...

In a suit for exoneration from, or limitation of, liability for cleanup costs resulting from the sinking of an oil-carrying barge and a subsequent oil spill, the barge owner is liable for the full cleanup costs under state law but liability for federal cleanup costs claims is limited by the Federal ...

A residential property owner who lived near five acres of undeveloped land challenged the city council's reversal of the city planning commission's denial of a petition to give the land a less restrictive zoning classification allowing commercial uses. The superior court affirmed the city council's ...

The court grants summary judgment to plaintiffs, holding that the Bonneville Power Administration (BPA) must prepare an environmental impact statement (EIS) on its long-range plan to construct electric generating facilities in the Pacific Northwest. In 1968, the Joint Power Planning Council, a group...