The Second Circuit vacates a lower court decision that compelling New York City to implement and enforce transportation control strategies contained in the New York implementation plan by way of a judicial order in a citizen suit under §304 of the Clean Air Act would violate the city's rights under...

The state seeks a writ in the nature of mandamus and declaratory relief holding regulations promulgated by the Army Corps of Engineers and the Environmental Protection Agency pursuant to §404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §1344, ELR 41124, arbitrary and u...

The court explains the rationale behind its earlier order granting the Environmental Protection Agency's (EPA's) motion to dismiss a petition for review of the agency's decision subjecting three power plants currently under construction to new source review under EPA's regulations regarding "signifi...

The court affirms a lower court order overruling appellant's preliminary objections to the petition of the Department of Environmental Resources (DER) seeking enforcement of a consent order relating to abatement of air pollution from two of appellant's coke ovens. The consent order entitled Bethlehe...

In reviewing the authority of the state Historic District Commission, the court affirms the lower court decision that annulled the rejection of a proposed design for a development in an open area near the Old and Historic Nantucket District but reverses the lower court order that certificates of app...

Granting plaintiff's motion for preliminary injunctive relief, the court enjoins the aerial killing of wolves by the state of Alaska on lands under the jurisdiction of the Bureau of Land Management (BLM) pending completion of an environmental impact statement pursuant to the National Environmental P...

The court denies plaintiffs' motion for a preliminary injunction against construction of a shopping mall for which the Department of Housing and Urban Development (HUD) has determined an environmental impact statement (EIS) is unnecessary. Plaintiffs have standing to maintain this action since they ...

The court enjoins the Environmental Protection Agency (EPA) Administrator from registering a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) unless the applicant submits all required data, offers to pay compensation for use of plaintiff's previously submitted confiden...

The court denies a petition for review of the Environmental Protection Agency's (EPA) promulgation by regulation of an air quality implementation plan for Connecticut. Petitioners, Trustees of the Penn Central Transportation Company, sought vacation of the Connecticut state implementation plan (SIP)...

The court declares that the Price-Anderson Act's limitation on liability from a nuclear incident violates plaintiffs' due process and equal protection rights by allowing property destruction without compensation and by irrationally placing the cost of nuclear accidents on only a few citizens. Plaint...