The Third Circuit affirms three district court orders, 11 ELR 20954, [20954], 20956,concerning a consent decree requiring Pennsylvania to implement an automobile emissions inspection and maintenance program. In response to procedural challenges, the court rules that the district court was not requir...
Finding for respondent on various legal and procedural issues in this challenge to the Environmental Protection Agency's (EPA) rejection of Idaho's proposed implementation plan measures for controlling sulfur oxide emissions from petitioner's smelting plant, the court nonetheless remands the agency'...
The Second Circuit Court of Appeals affirms the lower court's order, 7 ELR 20648, dissolving the Port Authority's ban on Concorde SST flights at Kennedy Airport and permits the Concorde to serve New York under the new federal operations specifications. Criticizing the Port Authority's "total resista...
The court dismisses a complaint alleging a violation of the National Environmental Policy Act (NEPA) 42 U.S.C. §§4321 et seq., ELR STAT. & REG. 41009, in the granting of a permit by the Secretary of the Army for dredging and construction of an 850-foot pier at Victoria Bluff, South Carolina, n...
The court rules that plaintiff lacks standing to challenge the Department of the Interior's failure to prepare an environmental impact statement (EIS) in connection with comments and testimony submitted to a congressional committee considering Alaskan lands legislation. Plaintiff's lack of opportuni...
The court issues a permanent injunction against the construction of a boat ramp in Biscayne Bay under an invalid dredge and fill permit. The Corps of Engineers violated its own administrative procedures in issuing the permit by neither holding a public hearing pursuant to plaintiffs' request nor giv...
The court vacates an injunction restraining further issuance of construction permits by defendants until such time as the municipality's sewage treatment plant is brought into compliance with state and federal laws. The trial court was correct in finding a violation of the city's national pollutant ...
The state of New York's highest court affirms an order directing a semi-rural municipality to grant a variance from its zoning ordinance to permit a public utility to construct a 565-foot tower for treating the cooling water discharged from the Indian Point nuclear power plant.
The court applies a ...
On direct review of an order of the Atomic Safety and Licensing Board of the Nuclear Regulatory Commission, the D.C. Circuit rules that the procedures employed by the Board in approving a routing proposal for an electric transmission line were adequate under the National Environmental Policy Act. Th...
Thirty-two industrial companies filed 23 petitions for review of the Environmental Protection Agency's (EPA's) imposition of a sulfur dioxide control plan for industrial dischargers in the state of Ohio. Petitioners claim that the plan should be remanded because the informal rulemaking hearings empl...