The court affirms a lower court's grant of a continuance, pending preparation of an environmental impact statement (EIS), in an evidentiary hearing on the intervening defendant sewer authority's request for an injunction ordering the Environmental Protection Agency (EPA) to continue processing grant...

The court affirms a lower court's ruling rejecting North Carolina's claim of authority to regulate fishing for trout by non-Indians on the plaintiff Band's reservation. Under the test established by the Supreme Court, state regulatory laws may preempt tribal regulation unless their application would...

The court declares California statutes prohibiting imports of certain species of animals, or the parts thereof, for commercial purposes unconstitutional and unenforceable with respect to the American alligator because they conflict with §6 of the federal Endangered Species Act. Prior to the adoptio...

The court denies for lack of jurisdiction plaintiff's request for an order to compel defendant Commissioners of the Nuclear Regulatory Commission to revoke the licenses of all facilities engaged in activities related to the production of nuclear power. The court declines to reach the merits of plain...

The United States Court of Appeals for the District of Columbia Circuit upholds Environmental Protection Agency (EPA) regulations setting a timetable for implementation of the major source preconstruction review requirements established for the prevention of significant air quality deterioration (PS...

The Seventh Circuit Court of Appeals rules that a company may apply for an innovative technology waiver of new source performance standards under §111(j) of the Clean Air Act after the source for which the waiver is sought has been put into operation. The Administrator of the Environmental Protecti...

On a petition for review of the regulations issued by the Environmental Protection Agency under the Noise Control Act of 1972, the court upholds most of the Agency's product-testing program for portable air compressors. Under §16(a) of the Act, the court may review only regulations promulgated purs...

The court denies a petition for review of the Environmental Protection Agency's (EPA's) effluent limitation regulations for existing plants in the corn wet milling industry after upholding the omission from the regulations of any provision excusing "excursions," i.e., discharges which unintentionall...

The court issues a temporary injunction against enforcement of §§502-522 of the Surface Mining Control and Reclamation Act of 1977 pending a ruling on the merits of plaintiffs' challenge to the constitutionality of these statutory provisions. The court finds that the Act's strict controls on strip...

In a lawsuit brought by the state of Illinois and several environmental groups over the Environmental Protection Agency's (EPA's) failure to meet the statutory deadlines for promulgating regulations for the hazardous waste management program under the Resource Conservation and Recovery Act of 1976, ...