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Scanlon v. Commonwealth, Dep't of Transp.

The court holds invalid and enjoins the Pennsylvania Department of Transportation (Penndot) from complying with a 1978 federal court consent decree requiring Penndot to establish an annual automobile emission control inspection and maintenance (I/M) program in two urban areas of Pennsylvania. The co...

United States v. Borden, Inc.

The court rules that the Environmental Protection Agency's (EPA's) Clean Air Act vinyl chloride emission regulations are valid emission standards, not work practice rules, and that §307(b)(2) of the Act precludes challenging the validity of the regulations in a civil enforcement proceeding. EPA pro...

United States v. Detroit, City of

The Sixth Circuit vacates as invalid under §205(b) of the Federal Water Pollution Control Act (FWPCA) a districtcourt order forbidding the Michigan Department of Natural Resources (MDNR) and the Environmental Protection Agency (EPA) from reallocating federal sewage treatment construction grant moni...

United States v. Narragansett Improvement Co.

The court rules that substantial replacement of plant components resulting in no emission increase does not make the plant a new source under Environmental Protection Agency (EPA) Clean Air Act §111 new source performance standards (NSPS) so long as the work was completed prior to proposal of EPA's...

National Wildlife Fed'n v. Marsh

The Eleventh Circuit rules that municipal appellees violated the National Environmental Policy Act (NEPA) by failing to prepare a supplemental environmental impact statement (EIS) on plans to mitigate an artificial lake's impact on wetlands, and that the Army Corps of Engineers violated §404 of the...

Sierra Club v. SCM Corp.

The court holds that a consent order settling an administrative enforcement proceeding initiated by a state agency against the defendant for violation of Federal Water Pollution Control Act (FWPCA) permit standards is not diligent prosecution barring plaintiff's FWPCA §505 citizen suit. Section 505...

Natural Resources Defense Council v. Ruckelshaus

The court modifies a consent decree, 6 ELR 20588, governing promulgation of technology-based effluent limitations for toxic water pollutants under the Federal Water Pollution Control Act. The court sets dates for promulgation of standards for the nine industry categories for which such standards sti...

Natural Resources Defense Council v. EPA

The court rules that vessels are mobile sources under the Clean Air Act, but that some emissions from vessels docked at marine terminal facilities may be attributed to the terminals without violating §110(a)(5)(C)'s ban on indirect source regulation. In 1982, the Environmental Protection Agency (EP...

Save Our Cumberland Mountains v. Clark

In a citizen suit alleging that the Secretary of the Interior both failed to enforce the Surface Mining Control and Reclamation Act (SMCRA) against operators improperly claiming the two-acre exemption and erred procedurally in suspending and withdrawing the two-acre rule, the court holds that improp...

Save Our Cumberland Mountains v. Clark

In a citizen suit against the Secretary of the Interior for his failure to assess penalties and take enforcement actions against mine operators known to be in violation of the Surface Mining Control and Reclamation Act (SMCRA), the court holds that the special venue provision of §520(c)(1) applies ...