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In re Permanent Surface Mining Regulation Litig.

The D.C. Circuit Court of Appeals affirms the denial of a preliminary injunction, 9 ELR 20720, against implementation of the Interior Department's final regulations under the Surface Mining Control and Reclamation Act (SMCRA). Industry and state appellants had challenged the part of the regulations ...

North Slope Borough v. Andrus

The court enjoins the Secretary of the Interior from issuing leases to oil and gas development tracts in the Beaufort Sea area of the outer continental shelf (OCS) off the shore of Alaska. This opinion follows the court's earlier denial of preliminary relief, 10 ELR 20054.
Plaintiffs' motion for su...

Pacific Legal Found. v. Costle

The court establishes a schedule for the Environmental Protection Agency (EPA) to issue ocean discharge guidelines pursuant to §403(c) of the Clean Water Act, 33 U.S.C. §1343(c), ELR STAT. & REG. 42142. By November 9, 1979, the Agency is required to issue interim guidelines that conform to EPA...

United States v. Massachusetts Bay Transp. Auth.

Reversing the district court, the First Circuit Court of Appeals orders that civil penalties be assessed against appellee under §311 of the Federal Water Pollution Control Act for unauthorized discharges of oil into navigable waters. Although §311(a)(7) of the Act does not specifically list munici...

BASF Wyandotte Corp. v. Costle

Following reconsideration by the Environmental Protection Agency (EPA) of two aspects of its final effluent limitations for pesticide manufacturers previously remanded to the Agency, 9 ELR 20609, the First Circuit Court of Appeals grants EPA's motion to dismiss the petitions for review. A recalculat...

Pennsylvania Dep't of Envtl. Resources v. EPA

The Third Circuit Court of Appeals dismisses for lack of jurisdiction consolidated petitions for review of Environmental Protection Agency (EPA) regulations, promulgated under §306 of the Federal Water Pollution Control Act, that deferred establishment of performance standards for closed or abandon...

National Sea Clammers Ass'n v. New York, City of

The Third Circuit Court of Appeals reverses the district court's dismissal of an action seeking relief from injuries to appellants' commercial shellfishing activities allegedly caused by appellees' dumping of sewage sludge into the Atlantic Ocean. The district court first erred in ruling that it lac...

National Wildlife Fed'n v. United States

The court affirms the district court's dismissal, 8 ELR 20651, of a suit in which appellant challenged the adequacy of explanations accompanying the president's proposed 1979 budget reductions for certain national forest programs. Appellant sought mandamus and declaratory relief, arguing that §8(b)...

Greenwich, Town of v. Department of Transp.

The court grants plaintiffs' motion for partial summary judgment in a suit charging defendants with violating an Environmental Protection Agency (EPA) compliance order and appoints an administrator to oversee closure of the antiquated Cos Cob Power Plant by Dec. 31, 1980, in accordance with an amend...

South Dakota v. Andrus

Affirming the district court, 9 ELR 20128, the Eighth Circuit Court of Appeals rules that the Department of the Interior need not prepare an environmental impact statement (EIS) prior to the issuance of a mineral patent. The court first points out that as the issuance of a mineral patent is a minist...