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White Fence Farm, Inc. v. Land & Lakes Co.

The court upholds the dismissal of a challenge to the Illinois Environmental Protection Agency's (IEPA's) grant of a sanitary landfill permit because appellant failed to exhaust its administrative remedies. The court holds that §31(b) of the Illinois Environmental Protection Act provides appellant ...

Bradley v. Department of HUD

The court affirms the district court's holding that the Department of Housing and Urban Development's (HUD's) approval of an application for block grant funds for redevelopment planning under the Housing and Community Development Act (HCDA) is not a "major Federal action" within the meaning of §102...

Weinberger v. Catholic Action of Haw./Peace Educ. Project

Reversing a decision of the Ninth Circuit, 10 ELR 20683, the Supreme Court upholds the Navy's failure to prepare an environmental impact statement (EIS) for a classified nuclear weapons storage project. The Court first holds that the Ninth Circuit incorrectly interpreted §102(2)(C) of the National ...

Historic Green Springs, Inc. v. Block

The district court vacates its prior decision, 11 ELR 20034, invalidating the designation of the Historic Green Springs District in Louisa County, Virginia, as a national historic landmark and its placement on the National Register of Historic Places. Subsequent to the court's decision, Congress ena...

Brookline, Town of v. Gorsuch

The court upholds EPA's determination that a cogeneration plant is owned by a "nonprofit health or education institution" and therefore exempt from the prevention of significant deterioration (PSD) provisions of the Clean Air Act. Although the facility is owned by Medical Area Total Energy Plant, In...

Citizens Expressway Coalition v. Lewis

The district court upholds the adequacy and scope of an environmental impact statement (EIS) prepared for a highway project in Arkansas involving construction of a 25.3-mile bypass linking the completed section of Highway 71 at Bella Vista with the Fayetteville Loop. The court rules that defendants ...

Delaware Valley Citizens' Council for Clean Air v. Pennsylvania

The court finds the Commonwealth of Pennsylvania and two named agencies in civil contempt for failure to comply with a consent decree requiring implementation of an automobile inspection and maintenance (I/M) program for the Philadelphia and Pittsburgh areas. Subsequent to entry of the consent decre...

Consolidated Edison Co. v. Realty Invs. Assocs.

The district court denies defendants' motion for recovery of attorney fees incurred in defending a lawsuit brought pursuant to §304 of the Clean Air Act. Plaintiff had sought to enjoin defendants from continuing construction of cogeneration equipment because of defendants' alleged failure to obtain...

Defenders of Wildlife v. Watt

The court holds that a decision of the U.S. Fish and Wildlife Service (FWS) to lift a ban on the commercial importation of three threatened kangaroo species does not violate the Endangered Species Act (ESA). Section 2(c) of the ESA requires federal agencies to seek to conserve endangered and threate...

Watt v. Energy Action Educ. Found.

Reversing a decision of the District of Columbia Circuit, 10 ELR 20905, the Court holds that the Outer Continental Shelf Lands Act (OCSLA) does not require the Secretary of the Interior to experiment with non-cash-bonus bidding systems for leasing outer continental shelf (OCS) oil and gas tracts. Th...