In a separate opinion, Judge MacKinnon dissents in part from the court's decision, 8 ELR 20164, that the Environmental Protection Agency (EPA) is without authority under the Clean Air Act to use the "bubble concept" in applying new source performance standards to modifications at existing facilities...

The court affirms a Nuclear Regulatory Commission (NRC) order imposing $32,500 in civil penalties against petitioner public utility for making seven material false statements in connection with its application for a license for its North Anna nuclear power plant by failing to inform the NRC of geolo...

The Fourth Circuit affirms the district court's denial of injunctive relief in an action seeking to restrain further construction on a segment of an interstate highway for failure to comply with the requirements of the National Environmental Policy Act. Plaintiffs' claims that the project environmen...

The court denies plaintiffs' request for a preliminary injunction against continued rights-of-way acquisition and construction of an electric transmission line. The court disagrees with plaintiffs' contention that the final environmental impact statements (EISs) for the project are fatally defective...

The court denies a petition for review of an Interstate Commerce Commission (ICC) order granting a conditional certificate of public convenience and necessity and affirms the ICC's conclusion that its decision is not a "major Federal action" under the National Environmental Policy Act (NEPA), thereb...

The court dissolves an injunction against aerial spraying of phenoxy herbicides including 2,4,5-T in the Siuslaw National Forest after determining that the Forest Service's new environmental impact statement (EIS) for the project remedies the defects in the earlier EIS. Although the new impact state...

The court finds that corporate defendants' counterclaim challenging the Environmental Protection Agency's (EPA's) regulatory jurisdiction over an offshore oil storage and treatment facility (OS&T) is not ripe for adjudication. EPA has made an initial determination that defendant Exxon's OS&T...

The court denies defendant's motion for summary judgment and remands to the Environmental Protection Agency a case in which plaintiff seeks injunctive and declaratory relief against the proposed public release of test data submitted in support of applications for certificates of registration for cer...

After six years of litigation on the matter, the court finds that analysis of feasible alternatives to use of park land prepared in connection with the proposed highway project satisfies the requirements of §4(f) of the Department of Transportation Act. The §4(f) statement shows that the defendant...

The Colorado Supreme Court rejects all challenges to a municipal zoning ordinance which imposes appearance and placement controls on outdoor advertising and which requires the removal of signs extending more than three feet into public property within two years. The trial court's dismissal of the ac...