The court denies a motion for a preliminary injunction against the Navy's selecton of a parkland site for construction of a hospital. Under the Ninth Circuit Court of Appeal's tripartite test for deciding preliminary injunction requests in cases challenging compliance with the National Environmental...

The District of Columbia Circuit Court of Appeals rules that the Secretary of the Interior's preparation of the five-year oil and gas leasing program for the outer continental shelf (OCS) violated §18 of the Outer Continental Shelf Lands Act (OCSLA). Initially, the court determines that, based upon...

The court rules that under §526(a)(2) of the Surface Mining Control and Reclamation Act, appeals of adverse rulings in enforcement proceedings must be made within 30 days. The court strictly construes the 30-day statute of limitations in order to provide for an orderly process of judicial review wi...

The court rules that financial difficulty does not excuse a municipal landfill's noncompliance with the state Stream Pollution Control Board's order to upgrade current dumping practices and upholds a preliminary injunction mandating either compliance with the order or cessation of operations until a...

The court refuses to enjoin the Department of Energy's Western Area Power Administration (WAPA) from constructing a power line across plaintiffs' land, holding that the environmental impact statement (EIS) for the project was adequate and that WAPA was not required to obtain siting permits from stat...

The court upholds the dismissal of a challenge to the Illinois Environmental Protection Agency's (IEPA's) grant of a sanitary landfill permit because appellant failed to exhaust its administrative remedies. The court holds that §31(b) of the Illinois Environmental Protection Act provides appellant ...

The court affirms the district court's holding that the Department of Housing and Urban Development's (HUD's) approval of an application for block grant funds for redevelopment planning under the Housing and Community Development Act (HCDA) is not a "major Federal action" within the meaning of §102...

Reversing a decision of the Ninth Circuit, 10 ELR 20683, the Supreme Court upholds the Navy's failure to prepare an environmental impact statement (EIS) for a classified nuclear weapons storage project. The Court first holds that the Ninth Circuit incorrectly interpreted §102(2)(C) of the National ...

The district court vacates its prior decision, 11 ELR 20034, invalidating the designation of the Historic Green Springs District in Louisa County, Virginia, as a national historic landmark and its placement on the National Register of Historic Places. Subsequent to the court's decision, Congress ena...

The court upholds EPA's determination that a cogeneration plant is owned by a "nonprofit health or education institution" and therefore exempt from the prevention of significant deterioration (PSD) provisions of the Clean Air Act. Although the facility is owned by Medical Area Total Energy Plant, In...