The court rules that the portions of the preliminary version of the Nuclear Regulatory Commission's (NRC's) draft environmental impact statement (EIS) for the decommissioning of a radioactive thorium manufacturing plant that reflect the government's policymaking process are exempt from disclosure un...

The district court remands the Army Corps of Engineers' issuance of a dredge and fill permit pursuant to §404 of the Federal Water Pollution Control Act (FWPCA), ruling that the Corps failed to comply with the requirements of the Environmental Protection Agency (EPA) §404(b)(1) guidelines and its ...

The court rules that under §189(a) of the Atomic Energy Act (AEA), the Nuclear Regulatory Commission (NRC) need not hold a formal, trial-type hearing on a challenge to a proposed amendment to a materials license allowing the demolition of a thorium processing plant and temporary storage of off-site...

The Supreme Court rules that the doctrine of equitable apportionment is applicable to a dispute over allocation of anadromous fish in the Columbia Basin, but finds that the state of Idaho has failed to prove sufficient injury to warrant an equitable decree. Holding the fish resource analogous to wat...

The court rules that the penalty prepayment provisions of §518(c) of the Surface Mining Control and Reclamation Act (SMCRA) do not violate Fifth Amendment due process requirements. Section 518(c) requires prepayment of penalties into escrow as a condition of administrative review of SMCRA penalty a...

The court rules that the Environmental Protection Agency's (EPA's) deferral of the obligation to submit Part B permit applications for incinerators and storage impoundments under the Resource Conservation and Recovery Act (RCRA) constituted a suspension of a regulation without notice and comment in ...

The court upholds Boston Air Pollution Control Commission regulations limiting off-street parking. Plaintiff wished to relocate its downtown off-street parking operations, but under the challenged regulations could not transfer its permit from the old lot to the new. The court first holds that becau...

The district court rules that the Court of Appeals for the D.C. Circuit has exclusive jurisdiction under §307 of the Clean Air Act to review the Environmental Protection Agency's (EPA's) approval of an automobile nitrogen oxide (NOx) emissions "offset" plan. EPA had authorized General Motors Corp. ...

The court denies plaintiffs' motion for a preliminary injunction against imposition of a vehicle emissions inspection program for Mecklenburg County, North Carolina. The state had proposed a vehicle emissions control inspection and maintenance program in its state implementation plan in order to qua...

The court rules that provisions in the New Mexico Constitution and statutory law barring export of New Mexico groundwater violate the Commerce Clause. First, the court dismisses jurisdictional defenses to the suit based on standing, justiciable controversy, the Eleventh Amendment, and joinder of ind...