The court unanimously denies defendant's petition for rehearing and suggestion for rehearing en banc. It goes on, however, to supplement and clarify its initial decision for plaintiffs, 5 ELR 20708, in this action brought by a group of consumer-owned electric utilities to enforce the preference clau...

The Seventh Circuit Court of Appeals dissolves a permanent injunction and reverses an award of compensatory and punitive damages in a nuisance action brought against an automobile shredding-recycling facility located in a heavy industry zoned area of Indianapolis. The facility is not a nuisance per ...

The D.C. Circuit Court of Appeals affirms a lower court's denial of preliminary injunctive relief against Fish and Wildlife Service regulations that permit hunting of the greater snow goose and the Atlantic brant in the Atlantic flyway during a limited season in 1975-1976. The district court did not...

An environmental coalition challenges respondent's refusal to consider the need for an EIS under the Wisconsin Environmental Policy Act (WEPA), Wis. Stats. §1.11, in connection with a rate increase that it granted to the Wisconsin Electric Power Co. The court has previously upheld petitioner's stan...

The Eighth Circuit originally decided, 5 ELR 20392, that the district court is the proper forum for this challenge to effluent guidelines established under the Federal Water Pollution Control Act Amendments of 1972. Following a jurisdictional remand, the district court here invalidates EPA's single-...

A lower court judgment requiring restoration of two canals constructed above the mean high tide line without a Corps of Engineers permit is partially reversed and remanded. The district court erred in ordering restoration of canal No. 2 which has not been connected to navigable waters since it is no...

Petitioners seek review of the Environmental Protection Agency's (EPA) 1973 regulations, issued under §211 of the Clean Air Act, which require phased reductions in gasoline lead additives in order to protect public health. An initial panel opinion favorable to petitioners, 5 ELR 20096, was subseque...

New Jersey's Waste Control Act, which prohibits disposal within the state of waste that originated or was collected outside the state's territorial limits, does not violate the Commerce Clause of the United States Constitution. Despite decisions holding that commodities injurious to the public healt...

The court grants summary judgment to plaintiff in a suit challenging a Food and Drug Administration regulation which states that the agency has no authority to take regulatory action solely on the basis of environmental considerations not enumerated in its enabling statutes. The challenged regulatio...

Forest Service approval of exploratory prospecting in the Custer National Forest is not a major federal action significantly affecting the environment and therefore does not require preparation of an environmental statement under NEPA. Neither §102 of NEPA nor the Council on Environmental Quality g...