In a decision construing the Maine Site Location of Development Law, ELR 43027, the court denies an appeal against a decision of the Board of Environmental Protection approving, with conditions, an application concerning a proposed residential subdivision. The conditional approval required several m...

The court dismisses a Clean Air Act suit against the state of Nevada and private developers for lack of federal jurisdiction to review state administrative enforcement actions. Plaintiffs alleged that the proposed private construction project, to which the Nevada agency had issued permits, would vio...

Reversing the trial court, the Ohio Court of Appeals for Ashtabula County upholds against various constitutional challenges the Ohio air pollution statutes authorizing promulgation of air quality standards. The lower court granted defendants' motion to quash criminal affidavits charging them with vi...

The court grants defendants' motion for summary judgment in a National Environmental Policy Act (NEPA) suit seeking declaratory and injunctive relief to prohibit removal of certain housing units as part of the relocation of a Coast Guard air station. Employing the "reasonableness" standard of review...

A dredging operation must obtain a Corps of Engineers permit to install tidal floodgates in a tidal marsh despite the issuance of a state permit for the installation. Appellant sued to prevent enforcement of two cease and desist orders directed against its extending a ditch near the Delaware River. ...

The parties agree to a settlement of this suit challenging the adequacy of the final environmental impact statement (EIS) prepared in connection with a proposed legislative authorization for construction of the Bureau of Reclamation's Garrison Diversion Unit. Noting the president's recent recommenda...

The court affirms a lower court's dismissal, 6 ELR 20718, for lack of subject matter jurisdiction of a suit seeking declaratory and injunctive relief against an air pollution abatement order. An examination of the statutory language and legislative history of §113 of the Clean Air Act indicates tha...

The court affirms the lower court's dismissal of a suit challenging an administrative law judge's refusal to consider certain issues in a National Pollutant Discharge Elimination System (NPDES) permit proceeding and denies a petition for review of the conditions imposed by the permit on the applican...

The court holds arbitrary and capricious the Securities and Exchange Commission's (SEC's) decision not to impose upon registrant corporations any additional environmental disclosure requirements and remands the case to the SEC for reconsideration. While the National Environmental Policy Act does not...

Reversing a lower court, 6 ELR 20496, the Fourth Circuit orders the Environmental Protection Agency (EPA) to include in a hearing on the renewal of Philadelphia's ocean dumping permit the question of whether the Cape May site should continue to be designated as a proper ocean dumping site. Following...