The Seventh Circuit Court of Appeals rules that a company may apply for an innovative technology waiver of new source performance standards under §111(j) of the Clean Air Act after the source for which the waiver is sought has been put into operation. The Administrator of the Environmental Protecti...
On a petition for review of the regulations issued by the Environmental Protection Agency under the Noise Control Act of 1972, the court upholds most of the Agency's product-testing program for portable air compressors. Under §16(a) of the Act, the court may review only regulations promulgated purs...
The court denies a petition for review of the Environmental Protection Agency's (EPA's) effluent limitation regulations for existing plants in the corn wet milling industry after upholding the omission from the regulations of any provision excusing "excursions," i.e., discharges which unintentionall...
The court issues a temporary injunction against enforcement of §§502-522 of the Surface Mining Control and Reclamation Act of 1977 pending a ruling on the merits of plaintiffs' challenge to the constitutionality of these statutory provisions. The court finds that the Act's strict controls on strip...
In a lawsuit brought by the state of Illinois and several environmental groups over the Environmental Protection Agency's (EPA's) failure to meet the statutory deadlines for promulgating regulations for the hazardous waste management program under the Resource Conservation and Recovery Act of 1976, ...
The D.C. Circuit Court of Appeals upholds the bulk of the Environmental Protection Agency's (EPA's) regulations requiring industrial facilities in the pulp and paper industry to limit discharges of effluents through application of the best practicable control technology (BPCT) currently available fo...
The Tenth Circuit reverses a district court's denial, 7 ELR 20134, of plaintiff's challenge to the use of its notification to the Coast Guard of an oil spill as the basis for subsequent assessment of a civil penalty under §1321(b)(6) of the Federal Water Pollution Control Act. The statutory languag...
The Third Circuit denies petitions for review of the Nuclear Regulatory Commission's (NRC's) suspension, for a period of two years, of rulemaking proceedings concerning the reprocessing of spent nuclear fuel. The court first disposes of the intervenors' claim that the District of Columbia Circuit is...
Overruling Geer v. Connecticut, its long-standing decision justifying state regulation of wildlife under the doctrine of state ownership, the Supreme Court strikes down as unconstitutional an Oklahoma law banning the export for sale of minnows obtained in the state after finding that the measure vio...
After preliminarily enjoining establishment of a Job Corps center in a residential community, the court lifts its injunction based on its finding that the action does not constitute a major federal action significantly affecting the environment and thus does not require preparation of an environment...