The court holds that the Surface Mining Control and Reclamation Act's (SMCRA's) requirement for payment of an administratively assessed penalty prior to a hearing is constitutional. The requirement is not a denial of due process since the Act affords additional remedies that satisfy the criteria of ...

The court rules that the respondent town's establishment of a sewer district prior to preparation of an environmental impact statement (EIS) violates the State Environmental Quality Review Act (SEQRA). The court upholds the lower court's decision that the establishment of the sewer district might ha...

The Ninth Circuit Court of Appeals affirms the lower court's decision to dissolve an injunction prohibiting acquisition of a right-of-way for the proposed expansion of Interstate Highway 90 between Seattle and Bellevue. The district court took the requisite "hard look" at the record in the case. Eve...

The district court rules that defendants discharged fill material into wetlands of the East Everglades, Florida without a Corps of Engineers permit in violation of §404 of the Federal Water Pollution Control Act (FWPCA). Defendants, despite receiving cease and desist orders from the Corps, proceede...

The court holds that a transporter of hazardous waste is not required to obtain a license from the Interstate Commerce Commission (ICC), finding that the ICC has not asserted jurisdiction over hazardous waste transportation. The ICC has jurisdiction over transportation of "property" by motor carrier...

The District of Columbia Circuit rules that the federal government is no longer bound by a stipulation entered into with the National Audubon Society that required the government to defer construction of the Garrison Diversion Unit in North Dakota. Under the court-approved stipulation, 7 ELR 20414, ...

The court remands to the district court an order, 11 ELR 20554, denying appellant's motion to quash an administrative search warrant obtained by the Environmental Protection Agency (EPA) to search plaintiff's plant in Badin, North Carolina. EPA had obtained an ex parte administrative search warrant ...

The court approves a proposed settlement establishing procedures and standards governing the cleanup of the chemical waste-filled Hyde Park Landfill near Niagara, New York. The court first notes that its review of the proposed settlement is limited to a determination of whether it is fair and adequa...

The court upholds the trial court's decision dismissing, on grounds of federal preemption, a suit by private landowners seeking judicial imposition of aircraft noise abatement measures and a ban on the extension of an airport runway. Since the Federal Aviation Administration (FAA) is charged with re...

Despite possible minor violations of the National Environmental Policy Act (NEPA), the court affirms the denial of a post-completion injunction to prevent the Department of Housing and Urban Development (HUD) from granting financial assistance for a low-income apartment project. The court holds that...