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Colorado-Ute Elec. Ass'n v. Air Pollution Control Comm'n

The Colorado Court of Appeals rules that the Colorado Air Pollution Control Commission was without authority to adopt a regulation making compliance with ambient air quality standards a condition to the continued validity of permits to operate electric power generation plants. Initially, the court r...

Brown v. Tacoma, City of

The court upholds the Department of Public Works' determination that the proposed construction of a condominium does not require preparation of an environmental impact statement (EIS). The department issued its declaration of nonsignificance after reviewing an environmental checklist prepared by the...

Hotel Employers Ass'n of San Francisco v. Gorsuch

The Ninth Circuit affirms the district court's ruling that the city of San Francisco's system of sewer service charges does not violate the proportionality requirement of §204(b)(1) of the Federal Water Pollution Control Act (FWPCA), the applicable Environmental Protection Agency (EPA) regulation, ...

Borg-Warner Corp. v. Mauzy

The court rules that the Illinois Environmental Protection Agency (EPA) is not required to hold an adjudicatory hearing before issuing a modified national pollutant discharge elimination system (NPDES) permit. The Illinois EPA had issued defendant a new permit that included more stringent conditions...

Weyerhaeuser Real Estate Co. v. Stoneway Concrete, Inc.

The court applies the doctrine of commercial frustration to relieve petitioner strip mining company of liability for payments under a surface minerals extraction lease, finding that the parties could not have foreseen that applications for the necessary permits would arouse such strong opposition as...

Dow Chem. Co. v. United States ex rel. Gorsuch

The court holds that the Environmental Protection Agency's (EPA's) warrantless aerial photography of plaintiff's chemical manufacturing plant both violated the Fourth Amendment's prohibition against unreasonable searches and lacked authorization under §114 of the Clean Air Act. The court first note...

Wisconsin v. Metropolitan Council

The court dismisses a suit by Wisconsin against the Environmental Protection Agency (EPA) and Minnesota agencies pertaining to reissuance of a national pollutant discharge elimination system (NPDES) permit for a sewage treatment plant. Under Wisconsin law, the attorney general must have specific sta...

Crema v. New Jersey Dep't of Envtl. Protection

The court holds that the New Jersey Department of Environmental Protection's Division of Coastal Resources (DCR) erred in conditionally granting approval for a construction permit under the Coastal Area Facility Review Act to a large-scale development in an environmentally sensitive low-growth area ...

Illinois v. Kerr-McGee Corp.

The Seventh Circuit Court of Appeals, reversing two district court opinions, holds that the Atomic Energy Act (AEA) confers exclusive jurisdiction upon the Nuclear Regulatory Commission (NRC) to regulate radiation hazards but preserves state and local authority to regulate non-radiation hazards.The ...

Delaware Valley Citizens' Council for Clean Air v. Pennsylvania

The Third Circuit affirms a decision by the district court, 12 ELR 20191, holding the Commonwealth in civil contempt for violating a consent decree requiring it to implement an automobile inspection and maintenance (I/M) program and ordering the United States Department of Transportation (DOT) to wi...