In a Federal Water Pollution Control Act (FWPCA) citizen suit case arising out of a challenge to a Corps of Engineers wetland determination that resulted in two trials and an appeal on the merits, the court rules that attorney fees are not appropriate for expenses incurred either in litigating an is...
The court upholds the conviction of individuals and corporations involved in hazardous waste transportation and disposal for violating racketeering provisions of the Pennsylvania Crimes Code. The court rules that defendants' family business was an "enterprise" within the meaning of the Corrupt Organ...
The Michigan Supreme Court reverses the lower court's approval of appellee agency's issuance of permits allowing exploratory oil drilling in the Pigeon River Country State Forest. The Michigan Environmental Protection Act (1) forbids state agencies from taking action likely to pollute, impair, or de...
On review of several consolidated cases, the Supreme Court rules that pursuant to treaties entered into between Pacific Northwest Indian tribes and the United States in the 1850s, tribal fishers in the region are entitled to take roughly one-half of the annual fish harvests. Part of the consideratio...
The Second Circuit Court of Appeals affirms a lower court's issuance of an injunction against the demolition of buildings as part of an ongoing urban renewal project in Waterbury, Connecticut, finding violations of both the National Environmental Policy Act (NEPA) and the National Historic Preservat...
The court affirms the district court's dismissal of a suit seeking injunctive and declaratory relief against the operation of a federally owned parking lot in downtown Washington, D.C. Plaintiffs and their members have standing to challenge defendants' failure to comply with the requirements of the ...
The court rejects a challenge to an order by the Environmental Protection Agency (EPA) suspending on an emergency basis several uses of the herbicides 2,4,5-T and Silvex. Under §6(c)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act, the Administrator of the EPA is authorized to suspend...
The Ninth Circuit Court of Appeals rules that it lacks jurisdiction to review the Environmental Protection Agency (EPA) Administrator's veto of pollutant discharge permits that the California Water Resources Control Board proposed to issue for two pulp mills under §402 of the Federal Water Pollutio...
Truck manufacturers filed petitions for review of Environmental Protection Agency (EPA) regulations which establish enforcement procedures and warranty requirements for compliance with noise emission standards for medium and heavy trucks under the Noise Control Act of 1972. The court determines that...
The Sixth Circuit Court of Appeals vacates and remands the Environmental Protection Agency's (EPA's) veto of proposed state issuance of a national pollutant discharge elimination system (NPDES) permit for a coal-fired power plant in Ohio. The state permit would allow waste water discharges that do n...