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Brown v. Department of the Interior

The court rules that the Buffalo National River is closed to mining because it is part of the National Park System. The court notes that it must apply the arbitrary and capricious standard of review of the Administrative Procedure Act. It rules that under the Buffalo National River Act (BNRA) Congre...

Buttrey v. United States

The Fifth Circuit affirms the district court ruling, 11 ELR 20932, that neither §404 of the Federal Water Pollution Control Act (FWPCA) nor the Due Process Clause requires the Corps of Engineers to provide appellant a trial-type hearing before denying a dredge and fill permit. The court notes that ...

California v. Block

The Ninth Circuit affirms most of the district court's ruling, 10 ELR 20098, that the Forest Service's final environmental impact statement (EIS) for its Roadless Area Review and Evaluation (RARE II) was inadequate to support the non-wilderness designations of 47 areas in California and therefore vi...

Connecticut v. EPA

The court rules that the Environmental Protection Agency's (EPA's) approval of a revision to the New York state implementation plan (SIP) allowing five Long Island Lighting Company (LILCO) power plants to continue burning high-sulfur fuel does not prevent attainment or maintenance of national ambien...

Connecticut Fund for the Env't v. EPA

The court upholds the Environmental Protection Agency's (EPA's) approval of a change in Connecticut's Clean Air Act state implementation plan (SIP) raising the permissible sulfur content in fuel burned in the state. The court first notes that it must uphold the EPA action unless it was arbitrary and...

Connecticut Fund for the Env't v. EPA

The court upholds the Environmental Protection Agency's (EPA's) approval of a revision to the Connecticut state implementation plan (SIP) for sulfur dioxide (SO2) that allows sources to burn fuel with higher-than-otherwise-allowable sulfur content if they burn less fuel to conserve energy. Applying ...

Duquesne Light Co. v. EPA

The court upholds Environmental Protection Agency (EPA) regulations implementing the Clean Air Act's §120 noncompliance penalties. The court first rules that, with one exception, EPA was correct in construing the applicability of $120 broadly. EPA properly applied the penalties to sources operating...

Commissioners of Highways v. United States

The Seventh Circuit affirms the district court decision denying a request for attorney fees by the highway commissioners of various Illinois municipalities, ruling that the Equal Access to Justice Act (EAJA) does not apply to the proceeding. The court first rules that the action was not "pending on"...

Citizens Comm. Against Interstate Route 675 v. Lewis

The court upholds the adequacy of a final environmental impact statement (EIS) prepared for the construction of a proposed segment of highway I-675 in Dayton, Ohio, and rules that Secreretary of Transportation Lewis did not abuse his discretion by reversing his predecessor's decision disapproving a ...

Chicago Park Dist. v. Sanitary Dist. of Hammond

The court holds that the Federal Water Pollution Control Act (FWPCA) preempts plaintiff's state-law claims against out-of-state defendants for the discharge of pollutants into Lake Michigan. Initially, the court rules that under City of Milwaukee v. Illinois (Milwaukee II),11 ELR 20406, plaintiff's ...