The Seventh Circuit affirms the district court's ruling, 11 ELR 20534, that a 1974 revision of the Indiana state implementation plan's (SIP's) opacity regulation (1974 APC-3) was partially approved by the Environmental Protection Agency (EPA) and is federally enforceable. Appellant contended that in...

The court remands to the Nuclear Regulatory Commission (NRC) an order amending the operating license for a nuclear power plant for consideration of the environmental effects of long-term storage of nuclear waste as required by the National Environmental Policy Act. The court notes that it previously...

The court invalidates the Environmental Protection Agency's (EPA's) Clean Air Act regulations redefining the term "stationary source" from a single piece of process equipment to an entire plant so as to allow companies modifying plants in nonattainment areas to use the "bubble concept" to avoid new ...

The court, which previously found the board of trustees in violation of the Federal Water Pollution Control Act and the Rivers and Harbors Act for filling a slough on the college campus without a permit, 12 ELR 20391, now offers the board two mitigation options. The board proposeda mitigation projec...

The court rules that the Alaska Railroad's herbicide spraying program for vegetation maintenance on railroad rights-of-way is subject to the National Environmental Policy Act (NEPA). The railroad had implemented a vegetation maintenance program in keeping with the Federal Railroad Safety Act regulat...

In a suit by the United States to enjoin unauthorized filling of a wetland, the court dismisses defendants' counterclaim on grounds that it is within the exclusive jurisdiction of the Court of Claims. The Tucker Act provides that claims against the United States for more than $10,000 are to be decid...

The court enjoins Environmental Protection Agency (EPA) enforcement of new discharger rules against movable offshore oil drilling rigs and upholds signatory and certification regulations implementing the national pollutant discharge elimination system (NPDES) permit program under the Federal Water P...

The district court denies motions to dismiss claims brought by federal, state, and local governments under §7003 of the Resource Conservation and Recovery Act (RCRA) and §§106(a) and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the prior owner ...

In an action to assess a civil penalty and to recover oil spill cleanup costs under §311 of the Federal Water Pollution Control Act (FWPCA), the court rules that the government's causes of action were brought within the applicable statutes of limitations. Because §311 of the FWPCA does not specify...

The Ninth Circuit rules that the U.S. Forest Service's decision not to prepare an environmental impact statement (EIS) prior to granting a special use permit for the reconstruction and use of a road through the Angeles National Forest violates the National Environmental Policy Act. The road passes d...