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British Airways Bd. v. Port Auth. of N.Y. & N.J.

The Second Circuit reverses and remands the district court decision, 7 ELR 20447, which allowed the Concorde supersonic transport to land at New York's Kennedy Airport. The district court erroneously found that the decision of the Secretary of Transportation authorizing Concorde flights preempted de...

Willcox, City of v. Federal Power Comm'n

The court decides, inter alia, that the applicability as an interim measure of a proposed permanent curtailment plan for natural gas deliveries need not be stayed pending completion of an environmental impact statement. The court cautions, however, that this forbearance is based on the expectation t...

Wisconsin's Envtl. Decade v. Public Serv. Comm'n

Modifying and then affirming a trial court decision, 6 ELR 20192, the Wisconsin Supreme Court holds that the Wisconsin Environmental Policy Act (WEPA) applies to utility ratemaking proceedings. Wisconsin Electric Power Company (WEPCO) in 1972 filed for a rate increase. The Commission granted the req...

Wisconsin's Envtl. Decade v. Public Serv. Comm'n

The Wisconsin Supreme Court directs the Public Service Commission (PSC) to "study, develop, and describe" alternatives to proposed gas curtailment priority schemes as required by the Wisconsin Environmental Policy Act (WEPA). In 1973, the Commission authorized the Wisconsin Public Service Corporatio...

Dow Chem. Co. v. Costle

In a consent judgment following an earlier opinion, 7 ELR 20262, the court enjoins the Environmental Protection Agency from establishing different requirements for reregistration of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) than those required for initial regis...

Broadway Christian Church v. Republic Steel Corp.

The Ohio Environmental Board of Review properly exercised its discretion when it temporarily prohibited operation of a coke oven battery pending determination of the validity of a consent agreement which authorized installation before a permit was obtained. Issuance of a stay order against a new sou...

Exxon Corp. v. Train

The Environmental Protection Agency (EPA) does not have the power to place conditions that limit waste disposal by injection into wells in the National Pollutant Discharge Elimination System (NPDES) permits for the discharge of pollutants into surface waters that it issues under §402 of the Federal...

Warm Springs Dam Task Force v. Gribble

An environmental impact statement (EIS) was not defective despite subsequently developed material showing an earthquake for which there was no historic precedent but which could destroy an earth-fill dam. Plaintiffs moved for a permanent injunction on the grounds that the Corps of Engineers failed t...

British Airways Bd. v. Port Auth. of N.Y. & N.J.

On remand from the Second Circuit, 7 ELR 20512, the court decides, after an evidentiary hearing, that the defendant's delay in determining whether existing noise regulations are applicable to the Concorde supersonic jet transport was excessive and unjustified and the consequent banning of the plane ...

Envirosafe Servs. of Idaho, Inc. v. Owyhee, County of

The court holds that the Idaho Hazardous Waste Management Act (HWMA) preempts a county ordinance governing the disposal of hazardous wastes and polychlorinated biphenyls (PCBs). The court first holds that the HWMA preempts local regulation of hazardous waste disposal. While the Act does not expressl...