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Illinois v. Kerr-McGee Corp.

The Seventh Circuit Court of Appeals, reversing two district court opinions, holds that the Atomic Energy Act (AEA) confers exclusive jurisdiction upon the Nuclear Regulatory Commission (NRC) to regulate radiation hazards but preserves state and local authority to regulate non-radiation hazards.The ...

Delaware Valley Citizens' Council for Clean Air v. Pennsylvania

The Third Circuit affirms a decision by the district court, 12 ELR 20191, holding the Commonwealth in civil contempt for violating a consent decree requiring it to implement an automobile inspection and maintenance (I/M) program and ordering the United States Department of Transportation (DOT) to wi...

In re Complaint of Sedco, Inc.

The district court holds that (1) Petroleos Mexicanos (Pemex), the national oil company of Mexico, is immune from suit under the Foreign Soverign Immunities Act (FSIA), 28 U.S.C. §§1602 et seq., (2) the court may exercise personal jurisdiction over Permargo, a private Mexican drilling company, and...

WATCH v. Harris

The court rules that both the United States and the Waterbury Urban Renewal Authority (WURA), a municipal agency, are liable for attorney fees under §305 of the National Historic Preservation Act (NHPA). On a motion of Waterbury Action to Conserve Our Heritage (WATCH), the court permanently enjoine...

Colorado-Ute Elec. Ass'n v. Watt

The court upholds regulations of the Bureau of Land Management (BLM) requiring right-of-way permit applicants under §304 of the Federal Land Policy and Management Act (FLPMA) to pay the agency's processing costs. It rules that the Secretary of the Interior is authorized to require applicant to reim...

Barrie v. Kitsap County Boundary Review Bd.

The court affirms the lower court's decision that the County Boundary Review Board's (BRB's) approval of the annexation of a tract of land by the city of Bremerton complied with the environmental impact statement (EIS) requirements of the State Environmental Quality Review Act. The court upholds the...

Connecticut v. Long Island Lighting Co.

The district court rules that Connecticut is not entitled to monetary or equitable relief for alleged injuries suffered during defendant's noncompliance with the New York state implementation plan (SIP). Plaintiff brought a citizen suit under the Clean Air Act against defendant Long Island Lighting ...

Celotex Corp. v. Pollution Control Bd.

The court reverses the Illinois Pollution Control Board's (PCB's) denial of an operating permit for a dry roofing felt plant. The court first holds that Rule 103(b)(3) of the Illinois state implemental plan (SIP), which allows permit applicants to certify the continuing validity of previously submit...

College Gardens Civic Ass'n v. Department of Transp.

The court affirms a district court decision, 12 ELR 20237, that the National Environmental Policy Act is inapplicable to a locally funded roadway project in Rockville, Maryland. The lower court properly determined that the roadway has independent utility apart from a larger circumferential highways ...

Illinois v. Corps of Eng'rs

The court holds that, for purposes of the Rivers and Harbors Act, the Kankakee River in Illinois and Indiana is a navigable water throughout its entire length. Although the Corps of Engineers had found the river to be nonnavigable above mile 84 in Indiana, the court finds that the evidence of the hi...