Elaborating upon its earlier opinion, 8 ELR 20719, the court affirms a lower court's decision finding unconstitutional a portion of the Oklahoma Waste Disposal Act. Appellants argued that the court's earlier opinion struck down only that part of the statutory section that prohibited the import of ha...

The Supreme Court construes §307(b)(1) of the Clean Air Act, which confers on the courts of appeals jurisdiction to review enumerated Environmental Protection Agency (EPA) decisions under the Act and any other final action that is locally or regionally applicable, to mandate direct court of appeals...

The court refuses to grant a preliminary injunction vacating a New York Department of Environmental Conservation (DEC) order denying Grace Disposal and Leasing, Ltd. (Grace) a permit to continue operation of a sanitary landfill in the town of Warwick. DEC refused to issue the permit because Grace re...

The Fifth Circuit remands for dismissal as moot an action seeking to enjoin further funding or construction of a highway segment because of alleged violations of the National Environmental Policy Act. No stay pending appeal was sought, and the disputed segment has been substantially completed in the...

The court denies federal defendants' motion to dismiss a suit by a landowner alleging a violation of applicable procedural regulations with regard to an Urban Development Action grant under the Housing and Community Development Act (HCDA) for acquisition and redevelopment of blighted properties.The ...

The court affirms the legality of an interpretive memorandum issued by the Environmental Protection Agency (EPA) setting forth its view as to the nature of information required to be reported by registrants of pesticides under §6(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act. The...

The Supreme Court rules that the 160-acre limitation on the size of farms receiving water from federal irrigation projects, pursuant to the Omnibus Adjustment Act of 1926, does not apply to certain private farms in California's Imperial Valley. The Court first notes that petitioners have standing to...

The court denies the District of Columbia's (the District's) request for declaratory and injunctive relief requiring the Environmental Protection Agency (EPA) and the state of Maryland to revoke the national pollutant discharge elimination system (NPDES) permit of a Maryland waste water treatment pl...

Granting defendants' motion to dismiss and rejecting plaintiffs' motion for a temporary injunction, the court holds that the Surface Mining Control and Reclamation Act (SMCRA) violates neither the Due Process Clause of the Fifth Amendment, the "reserved powers provision" of the Tenth Amendment, nor ...

The Fifth Circuit Court of Appeals determines that the Environmental Protection Agency's (EPA's) redesignation of a county as a non-attainment area under the 1977 amendments to the Clean Air Act without prior notice and opportunity for comment violates the Administrative Procedure Act (APA) even tho...