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Energy Action Educ. Found. v. Andrus

After rejecting appellants' earlier challenge to the Department of the Interior's alleged failure to implement alternative leasing systems under the Outer Continental Shelf Lands Act (OCSLA), 10 ELR 20092, the court now agrees that the Secretaries of Energy and the Interior have violated the Act and...

Pacific Legal Found. v. Council on Envtl. Quality

Vacating the judgment of the district court, 9 ELR 20610, the court holds that Council on Environmental Quality (CEQ) regulations limiting the applicability of the Government in the Sunshine Act are invalid. CEQ is an "agency" within the meaning of the Sunshine Act even when functioning in the capac...

General Motors Corp. v. Costle

The court upholds the Environmental Protection Agency's (EPA's) Clean Air Act designation of Richland and Montgomery Counties, Ohio as nonattainment areas for total suspended particulates. The court concludes that the EPA Administrator did not act in an arbirary or capricious manner in refusing to a...

EPA v. National Crushed Stone Ass'n

The United States Supreme Court reverses rulings by the Fourth Circuit Court of Appeals in National Crushed Stone Ass'n v. EPA, 9 ELR 20535, and Consolidation Coal Co. v.Costle, 9 ELR 20511, and upholds the variance clause contained in effluent limitations promulgated by the Environmental Protection...

In re Solid Waste Disposal Permit

The court affirms the decision of the trial court and the South Dakota Board of Environmental Protection to grant a city and county a permit to operate a solid waste disposal site. After adoption of a solid waste management plan by the county, the city applied to the Board for a solid waste disposal...

Pacific Coast Fed'n of Fishermen's Ass'n v. Secretary of Commerce

The court finds that the Secretary of Commerce complied with the Fishery Conservation and Management Act (FCMA), 16 U.S.C. §§1801-1882, in issuing emergency interim regulations restricting commercial and recreational salmon fishing off the coasts of Washington, Oregon, and California during the 19...

Mississippi Comm'n on Natural Resources v. Costle

The court denies a request for injunctive relief restraining enforcement of a water quality standard promulgated by the Environmental Protection Agency (EPA). Pursuant to §303 of the Federal Water Pollution Control Act, EPA informed the state of Mississippi that its standard for dissolved oxygen wa...

United States v. Dixie Carriers, Inc.

The court rules that the Federal Water Pollution Control Act (FWPCA) provides the exclusive remedy for the recovery of oil spill cleanup costs. Following a spill from appellee's barge, it conducted cleanup efforts only until its expenditures reached its maximum liability under §311 of the FWPCA. Th...

Andrus v. P-Burg Coal Co.

The court rules that warrantless inspections of surface mining operations by the Department of the Interior as authorized by the Surface Mining Control and Reclamation Act (SMCRA) are constitutional. Applying reasoning used in construing the Coal Mine Health and Safety Act, the court first determine...

Pennsylvania Dep't of Envtl. Resources v. Pennsylvania Power Co.

The Pennsylvania Supreme Court upholds the constitutionality of air pollution emission limitations that are "technology-forcing," i.e., incapable of being met with the best technology currently available and requiring development of new technology. After being fined administratively for noncomplianc...