Affirming the district court, the District of Columbia Circuit Court of Appeals concludes that a suit to compel the Environmental Protection Agency (EPA) to issue standards to determine whether sewage sludge qualifies as a hazardous waste under the Resource Conservation and Recovery Act (RCRA) is no...
The Tenth Circuit Court of Appeals affirms the assessment against appellant under §311 of the Federal Water Pollution Control Act of a $2,500 civil penalty for the discharge of 600 gallons of oil into a small creek. That the creek into which the oil was discharged was not capable of supporting navi...
The court denies defendants' renewed motions for summary judgment in a suit concerning Lock and Dam 26 on the Mississippi River. After Congress enacted legislation authorizing construction of the waterway project at issue, defendants moved for dismissal of plaintiffs' claim challenging the adequacy ...
The appellate court affirms a lower court's issuance of an injunction prohibiting continued operation of a licensed landfill for the disposal of hazardous chemical wastes and ordering the operator to remove the wastes buried there and restore the site. The trial court had jurisdiction to hear plaint...
The Washington Supreme Court remands a case concerning respondent's attempts to obtain a variance for its Tacoma smelter from applicable state air pollution regulations. In February 1976, respondent obtained from the Puget Sound Air Pollution Control Agency (PSAPCA) a variance from that agency's reg...
In a per curiam opinion, the Supreme Court reverses a Ninth Circuit Court of Appeals decision, 9 ELR 20603, and rules that the Environmental Protection Agency's (EPA's) veto of a proposed national pollutant discharge elimination system (NPDES) permit issued by a duly authorized state agency is direc...
The Eighth Circuit Court of Appeals affirms a district court's determination that the Corps of Engineers was not required to prepare an environmental impact statement (EIS) prior to issuing a permit under §10 of the Rivers and Harbors Act allowing construction of a transmission line across the Miss...
The court denies plaintiff's motion for a preliminary injunction against the taking by the Navy of 35 acres of park land in the city of San Diego for development into a medical center. Side-stepping plaintiff's argument that the environmental impact statement prepared for the project is deficient un...
The Tenth Circuit Court of Appeals reverses a district court order denying a motion for a preliminary injunction to stay implementation of a program for the reduction of grazing allotments on the public land. The court of appeals first determines that the case has not been rendered moot by interveni...
The court dismisses two counts in a citizen suit alleging violations of applicable air pollution control requirements after ruling that it lacks jurisdiction under §304 of the Clean Air Act to consider claims against individual corporate officers or for civil penalties. Because §113 of the Act exp...