In a case of first impression, the Third Circuit Court of Appeals upholds the Environmental Protection Agency's (EPA's) broad reading of §8(d) of the Toxic Substances Control Act (TSCA), ELR STAT. & REG. 41344, regarding its studies from chemical manufacturers. The EPA rule required manufacture...
Reversing the Oregon Court of Appeals, 25 Ore. App. 469, 550 P.2d 465, the Oregon Supreme Court holds that a private citizen is entitled to judicial review of a decision of the Energy Facility Siting Council and that the Council did not make proper findings regarding the citing of two nuclear power ...
The court issues a statement of the factual bases and legal rationales for previous orders granting defendants' motions to dismiss an action alleging that the transportation plans and planning process for the Washington, D.C., metropolitan area violate several federal laws. The court first rules tha...
The court rules that the Tennessee Valley Authority (TVA) has the authority under the TVA Act of 1933, 16 U.S.C. §§831 et seq., to construct a nuclear power plant on a site located outside the watershed of the Tennessee River. The TVA Act created TVA to promote agricultural and industrial developm...
The court denies plaintiff's request for injunctive and declaratory relief preventing the demolition of the Hanes Building as part of an urban renewal project in Oklahoma City. When the project plans were amended in 1973 to incorporate the demolition of the building, defendants arranged for the prep...
The court grants summary judgment for defendants on all counts in a suit charging the Environmental Protection Agency (EPA), Department of the Interior, and Bureau of Reclamation with illegally failing to control salinity in the Colorado River. The court first determines that EPA's approval of the C...
The Minnesota Supreme Court affirms the judgment of the trial court declaring unconstitutional a state statute prohibiting the sale of milk and certain milk products in plastic containers. The court finds that the statute, which is intended to encourage the use of recycled materials and to reduce th...
The Minnesota Supreme Court affirms the judgment of the trial court that the Minnesota Package Review Act does not violate the Commerce Clause of the federal Constitution but reverses the ruling that regulations issued by the Minnesota Pollution Control Agency (MPCA) were within the Agency's authori...
The court denies plaintiff's request for injunctive and declaratory relief compelling the Secretary of State and the Nuclear Regulatory Commission to process and issue a license authorizing plaintiff to export to the Phillipines a nuclear steam supply system to be used in a nuclear power plant. Ten ...
The court denies plaintiff's request for injunctive relief and declaratory relief against the proposed rerouting of highway and rail routes through the city of Pine Bluff, Arkansas. At this stage in the federal decisionmaking process a draft but not a final environmental impact statement for the pro...