The Third Circuit affirms a district court's denial, 11 ELR 20952, of a motion by Pennsylvania legislators to intervene in a suit to compel state implementation of an automobile inspection and maintenance (I/M) program. The court rules that the state legislators may not intervene as of right under F...

The court upholds the Environmental Protection Agency's (EPA's) conditional approval of Connecticut's Part D state implementation plan (SIP) revision and its final approval of the state's partial withdrawal of its indirect source review (ISR) program, but requires EPA to reinstate a moratorium on co...

The District of Columbia Circuit holds that petitioner is entitled under §19(d) of the Toxic Substances Control Act (TSCA) to recover reasonable attorney fees for the hours reasonably expended in litigating all issues in Environmental Defense Fund, Inc. v. Environmental Protection Agency (EDF v. EP...

The district court upholds defendants' decision not to prepare an environmental impact statement prior to application of an herbicide in the Fort Cobb Reservoir in Oklahoma. Defendants prepared an environmental assessment, which concluded that the experimental application of 2,4-dicholorophenoxyacet...

The district court dismisses a citizen suit under the Clean Air Act alleging noncompliance with and the inadequacy of the New York state implementation plan (SIP). Initially, the court dismisses plaintiffs' claims that the state defendants violated the 1973 SIP. The 1979 revision of the SIP, approve...

The court holds that construction of a municipal sewage treatment plant, although authorized by state law, was properly enjoined by the lower court as a nuisance. The court reaffirms the principle that "there can be no abatable nuisance for doing in a proper manner what is authorized by law." It rul...

The court holds that a county's condemnation of land for use as a public park with the unstated purpose of preventing construction of a hazardous waste disposal facility on the site is a bad-faith exercise of eminent domain authority. Initially, the court rules that completion of the special master'...

The court affirms a lower court ruling granting to plaintiff the right to walk on defendants' land, between high and low watermarks, in order to fish from a publicly owned jetty. The court finds that the access right stems from a colonial Massachusetts ordinance that granted ownership subject to a r...

Pursuant to the Supreme Court's remand in Environmental Protection Agency v. Brown, 7 ELR 20375, the Court of Appeals for the District of Columbia Circuit concludes that petitioner's challenge to the transportation control regulations promulgated by the Environmental Protection Agency (EPA) in 1975 ...

The Court, setting aside a judgment by the Virginia Supreme Court, invalidates a regulation banning commuter parking in designated residential areas in Arlington County. The regulation does not violate the equal protection guarantee of the Fourteenth Amendment because the discrimination inherent in ...