The Fourth Circuit affirms a district court's judgment upholding the Army Corps of Engineers' decision to impound water behind the completed B. Everett Jordan Dam. In conformity with this court's remand instructions, the lower court engaged in a substantial inquiry to determine whether there had bee...
Affirming the lower court, the Ninth Circuit Court of Appeals holds that approval by the Douglas County, Nevada commissioners of construction of four hotel-casinos on the south shore of Lake Tahoe does not violate the California-Nevada interstate compact concerning the lake even though the projects ...
A three-judge court upholds the validity of certain Connecticut statutes and regulations placing restrictions on state-regulated water companies' management practices and authority to dispose of real property. The Moratorium Act, Public Act 75-405, as extended by Public Act 77-606, places a limited ...
The court grants a request for review of an Environmental Protection Agency (EPA) order directing plaintiff to grant enforcement officials access to its coke plant for purposes of an inspection for violations of the New York State Implementation Plan (SIP) and denies EPA's counterclaim seeking an or...
The court denies a motion by the Consumer Product Safety Commission (CPSC) to reconsider and vacate a preliminary injunction, 9 ELR 20016, against implementation of a rule relating to the classification, evaluation, and regulation of carcinogenic substances in consumer products. The CPSC motion to r...
Affirming the district court's dismissal of the suit, the court holds that the National Environmental Policy Act (NEPA) does not create a cause of action to enforce commitments of third parties that are incorporated in the environmental impact statement (EIS) of the federal agency involved in the pr...
The court issues a preliminary injunction against the razing of buildings as part of a federally funded urban renewal project after determining that plaintiffs are likely to succeed on the merits of their claim that defendants violated the procedural requirements of the National Historic Preservatio...
The court denies a petition for rehearing en banc of its order granting the Commonwealth's motion for a stay of a district court order. The district court, 12 ELR 20191, found the Commonwealth in contempt for failure to comply with a consent decree to establish an automobile inspection and maintenan...
The court rules that the Solid Waste Management Act preempts local regulation of a solid waste disposal facility. The legislative history emphasizes the need for uniform statewide regulation and establishes a comprehensive regulatory scheme. The township ordinance, which seeks to regulate the enviro...
The court holds that the Air Force complied with the National Environmental Policy Act in preparing an environmental assessment (EA) and in determining not to prepare an environmental impact statement (EIS) for the deactivation of a tactical air wing. At the outset, it rejects plaintiffs' contention...