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Greene County Planning Bd. v. Federal Power Comm'n

The Second Circuit Court of Appeals rules that the Federal Power Commission (FPC fulfilled its obligations under the National Environmental Policy Act and the Federal Power Act in deciding to authorize construction of an electrical transmission line through the scenic Durham Valley. The case must be...

Environmental Defense Fund v. EPA

In a supplemental opinion issued in response to a petition for rehearing, the court reiterates its earlier holding, 7 ELR 20012, that §7(c) of the Administrative Procedure Act does not preclude assignment of the burden of persuasion to the opponent of an Environmental Protection Agency order suspen...

Horizon Adirondack Corp. v. State

The court, in granting the state's motion to dismiss for failure to state a claim upon which relief can be granted, finds that the Adirondack Park Agency Act does not create a de facto taking of private property for which compensation must be paid. Plaintiff owns 24,000 acres in the park upon which ...

Exxon Corp. v. New York, City of

Reversing a lower court decision, 4 ELR 20565, the Second Circuit declares that the Clean Air Act preempts New York City's ordinance concerning gasoline lead content and volatility. The challenged ordinance required phased reduction of lead according to a shorter timetable than that adopted by the E...

Ward v. Coleman

The court denies an oil spiller's motion for summary judgment in a suit challenging the validity of a $500 civil penalty assessed under §311(b)(6) of the Federal Water Pollution Control Act Amendments of 1972. Ward's attempt to raise constitutional objections to the civil penalty device by claiming...

Associated Indus. of Ala. v. Train

The Fifth Circuit upholds the lower court's denial of a motion by the state of Alabama to intervene as of right in a suit over the water quality standards promulgated by the Environmental Protection Agency for Alabama. Plaintiffs challenge EPA's rejection of standards set by the Alabama Water Improv...

Environmental Defense Fund v. Hoffmann

After four-and-a-half years of litigation, the district court finds the Corps of Engineers' environmental impact statement (EIS) for the Cache River channelization project in compliance with the National Environmental Policy Act (NEPA). Plaintiffs' original complaint resulted in an injunction, after...

Associated Home Builders of the Greater East Bay v. Livermore, City of

The California Supreme Court upholds the city's building moratorium ordinance against challenges that it was illegally enacted by initiative, is unconstitutionally vague, and infringes on the right to travel, but remands for a determination at trial of whether the ordinance's exclusionary nature adv...

Hart v. Denver Urban Renewal Auth.

The Tenth Circuit affirms the trial court's injunction against sale of an historic department store tower in Denver for urban renewal purposes pending compliance with Department of Housing and Urban Development (HUD) regulations implementing the National Historic Preservation Act (NHPA) of 1966. Def...

Hill v. Tennessee Valley Auth.

Reversing the district court, 6 ELR 20583, the Sixth Circuit permanently enjoins further work on the Tellico Dam because completion of the project will violate §7 of the Endangered Species Act, ELR 41825, by destroying critical habitat of the snail darter, a fish listed by the Department of the Int...