The court dismisses, on the basis of the Supreme Court's recent decision in Union Electric Co. v. EPA, 6 ELR 20570, an industry petition for review of the EPA Administrator's approval of the Pennsylvania air quality implementation plan. Petitioner mistakenly asserts that court of appeals review unde...
The court of appeals affirms a district court decision holding that National Marine Fisheries Service (NMFS) issuance of a general permit for taking porpoise incidental to tuna fishing operations did not comply with the Marine Mammal Protection Act, but stays the lower court's order, which halted fi...
Following the Supreme Court's reversal, 6 ELR 20563, of the court's earlier decision, 511 F.2d 963, 5 ELR 20213, the Ninth Circuit vacates its decision and upholds EPA's denial of the state's National Pollutant Discharge Elimination System (NPDES) application under the Federal Water Pollution Contro...
The court denies most of the plaintiffs' motion for summary judgment that the Adirondack Park Agency Act is unconstitutional per se and as applied as a taking without just compensation, but strikes down as an impermissible exercise of the police power a provision allowing local governments to zone l...
In an interlocutory order, the court denies plaintiff's motion to convene a three-judge court to hear its challenge to the Coast Guard's assessment of a $500 civil penalty pursuant to §311(b)(6) of the Federal Water Pollution Control Act Amendments of 1972 in connection with an oil spill reported b...
The court denies the United Steelworkers Union's motion to intervene in this Clean Air Act enforcement proceeding because the union's interest in worker employment is adequately represented by the defendant United States Steel. On June 9, 1975, plaintiff filed an action to enjoin operation of five o...
Reversing a lower court, the California Supreme Court holds that the state Fish and Game Commission is not exempt from the California Environmental Quality Act of 1970 (CEQA), and in particular its environmental impact report (EIR) responsibilities. The suit had its origins in the failure of the Com...
Remanding a lower court's decision, the Washington Supreme Court upholds the Shorelines Hearing Board's vacating a permit issued by Snohomish County that would have allowed filling 93 acres of wetlands in the Snohomish River estuary. Plaintiff's land, designated as part of "shorelines of state-wide ...
The court requires defendants to supplement their environmental impact statement for a proposed highway with new noise studies. The earlier impact statement mistakenly assumed that the Charlotte City Code prohibited diesel trucks from using the highway, and thus did not fulfill the requirements of N...
The court upholds the adequacy of the NEPA environmental impact statement on stationing the F-15 jet fighter plane at Luke Air Force Base. The base has been in operation since 1941 and has had jet planes for 25 years. After review of a draft and a public hearing, the final impact statement on statio...