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Costle v. Pacific Legal Found.

The Supreme Court reverses a decision of the Ninth Circuit Court of Appeals, 8 ELR 20731, and rules that the Environmental Protection Agency (EPA) did not violate §402(a)(1) of the Federal Water Pollution Control Act when it extended a national pollutant discharge elimination system (NPDES) permit ...

Consolidation Coal Co. v. Costle

The court denies plaintiff's motion for a preliminary injunction requiring the Environmental Protection Agency (EPA) to expedite its review and revision of the air quality criteria for sulfur dioxide under §§108 and 109 of the Clean Air Act. Plaintiff, a company that mines and sells high-sulfur co...

United States v. Ward

The Supreme Court holds that the penalty imposed under §311(b)(6) of the Federal Water Pollution Control Act (FWPCA), for the unauthorized discharge of oil and hazardous substances into navigable waters, in civil rather than criminal in nature, and therefore the reporting requirements set out in §...

Downtown Traffic Planning Comm. v. Royer

The court reverses the dismissal of an action to compel the city of Seattle to prepare an environmental impact statement (EIS) before implementing a bus lane construction program, ruling that the program is not as a matter of law categorically excluded from the State Environmental Policy Act's (SEPA...

United Steelworkers of Am., AFL-CIO-CLC v. Marshall

The D.C. Circuit Court of Appeals upholds the bulk of the Occupational Safety and Health Administration's (OSHA's) workplace safety rule limiting employee exposure to airborne lead in concentrations greater than 50 micrograms per cubic meter (ug/m3). In response to what it viewed as mounting evidenc...

Citizens for Mass Transit v. Adams

The court holds that the Coast Guard's final environmental impact statement (EIS) adequately discussed the environmental consequences of the construction of the Greater New Orleans Bridge No. 2; thus, the issuance of the construction permit was proper. The court first rules that the bridge permit ne...

Dow Chem., USA v. EPA

The court holds that an action to enjoin the Environmental Protection Agency's (EPA's) publication of proposed new source performance standards for producers of organic solvent degreasers under §111 of the Clean Air Act may be filed only in the District of Columbia Circuit Court of Appeals. The pla...

Columbus & S. Ohio Elec. Co. v. Costle

The court rejects a challenge to the Environmental Protection Agency's (EPA's) designation of parts of Pickaway County, Ohio, as a nonattainment area under §107(d) of the Clean Air Act and reverses the designation of parts of Coshocton County as nonattainment. The latter designation was based on an...

Certified Color Mfrs. Ass'n v. Mathews

The court of appeals affirms the district court's dismissal of this challenge to the Food and Drug Administration's termination of provisional approval of color additive Red No. 2. Originally approved in 1910, Red No. 2 received provisional approval under the Color additive Amendments of 1960, which...

Citizens Civic Ass'n v. Coleman

The court dismisses for lack of subject matter jurisdiction a suit seeking injunctive and declaratory relief against a highway bridge construction project for failure to comply with the requirements of NEPA. Plaintiffs contend that the project became a "major federal action" for the purposes of NEPA...