Following the court's previous order, 12 ELR 20191, enjoining the United States Department of Transportation (DOT) from awarding highway funds to the Commonwealth of Pennsylvania as a sanction for its failure to implement an automobile inspection and maintenance program, the court disapproves for th...

In the majority opinion, 13 ELF 20126, the court ruled that the Northwest Indian treaties give seven tribes the right to a share of hatchery fish, but do not give the tribes an absolute right to a supply of fish nor an absolute right to have fish habitat protected from degradation. In this addition ...

The Seventh Circuit affirms a district court's refusal to enforce administrative discovery subpoenas for data from incomplete university studies of pesticide toxicity. The Environmental Protection Agency (EPA) scheduled cancellation hearings for certain Dow Chemical herbicides based on a University ...

The court preliminarily enjoins the Secretary of the Interior from conducting Lease Sale 52 in the Georges Bank region of the outer continental shelf. In 1982, the Department of the Interior issued an environmental impact statement (EIS) for the proposed sale. In 1983, it updated the EIS with an env...

The court affirms the trial court ruling overturning state ambient air quality standards for sulfate and sulfur dioxide because the procedures used in adopting the standards were unfair and the state Air Resources Board was arbitrary and capricious in refusing to consider the cost of attaining the s...

The court rules that the siting preemption is part of a general hazardous waste law that deals comprehensively with a statewide ities. First, the court holds that the council's determination that proposed disposal sites in Warren were "feasible and deserving of state assistance" is not a final admin...

The court rules that the Secretary of the Interior's present operation of the Stampede Dam and Reservoir project primarily for the benefit of two species of endangered fish is within the Secretary's discretion. The court had previously ruled that any waters from the project except those necessary to...

The court invalidates the Secretary of the Interior's designation of five wild and scenic rivers in California for failure to comply with Council on Environmental Quality (CEQ) regulations governing preparation of environmental impact statements (EISs). The court first rules that plaintiffs have sta...

The Eleventh Circuit upholds the district court's injunction, 12 ELR 21102, against further filling of wetlands without a permit required pursuant to §404 of the Federal Water Pollution Control Act (FWPCA). The court notes that the Corps of Engineers' §404 regulations define the term "waters of th...

The court affirms a lower court decision, 12 ELR 20671, overturning a state air pollution opacity standard and the Pollution Control Board's denial of an operating permit renewal to Celotex based on alleged noncompliance with that standard. The court first rules that §29 of the Illinois Environment...