The court upholds an order by the district court, 9 ELR 20176, modifying but not vacating a 1976 settlement agreement, 6 ELR 20588, between the Environmental Protection Agency (EPA) and five environmental groups which required EPA to regulate discharges of 65 toxic pollutants under §307 of the Fede...
The Washington Supreme Court holds that a board of county commissioners (board) has independent authority under the State Environmental Poicy Act (SEPA) to deny, for environmental reasons, an application for residential development. Lake Lawrence, Inc. applied to the board to develop an area of low ...
The Sixth Circuit Court of Appeals rejects a challenge to the Nuclear Regulatory Commission's exercise of jurisdiction to regulate the siting of transmission lines from nuclear power plants. Without deciding whether the Commission has authority to consider the environmental effects of transmission l...
The court upholds the Environmental Protection Agency's (EPA's) designation of part of Clermont County, Ohio as a nonattainment area under §107(d) of the Clean Air Act. Noting that the applicable standard of review permits the agency's action to be reversed only if arbitrary or capricious, the cour...
The court dismisses a suit challenging Environmental Protection Agency regulations issued under the Federal Water Pollution Control Act requiring an antidegradation policy to be integrated in state water quality control plans. Since under the policy the states retain discretion to establish use cate...
The court amends its previous judgment, 5 ELR 20200, to allow completion of construction of runways at Logan Airport only as extended safety areas and not as runway extensions for normal airport operations. The parties have agreed that such action minimizes environmental damage and complies with the...
The court enjoins the Bureau of Reclamation from opening construction bids for the San Felipe Division of the Central Valley irrigation project pending preparation of a supplemental environmental impact statement (EIS). The final—but not draft—EIS for the project discussed the alternative of usi...
The court of appeals affirms summary judgment for defendants in this challenge to the Department of Agriculture's 1971 small business timber set-aside program guidelines. The district court's opinion, 5 ELR 20080, is adopted except insofar as it purported to rule on the question of the 50 percent pr...
The Tenth Circuit, reversing the district court, upholds the power of the Bureau of Land Management (BLM) to revoke grazing licenses, but affirms the lower court's approval of suspension of the revocation in this case, since the licensee's spraying of a herbicide on federal lands caused no real harm...
The Commission did not deprive the plaintiffs of property without just compensation by denying their application to demolish their house, which is located in Norwich historical district and screens the town green from an encroaching commercial district. The Commission's emergency meeting, at which t...