The court holds that neither a state judicial enforcement action resulting in a stipulated judgment nor a subsequent state administrative enforcement of the judgment constitutes "diligent prosecution" barring a Federal Water Pollution Control Act citizen suit. The court initially holds that defendan...

The court holds that a citizens' group is barred by the doctrines of laches and virtual representation from moving to enjoin a major development project in Brooklyn, New York, on the grounds that city officials and the developer violated the National Environmental Policy Act (NEPA) and the National ...

The court, ruling on a petition for rehearing filed by landowner, vacated the lower court's order denying the preliminary injunction because the only ground on which the court clearly based its denial of injunctive relief was its erroneous interpretation of the NHPA. The court observes, however, tha...

The court upholds the district court's decision to deny the Incline Village General Improvement District (IVGID), a public district, intervention in a suit by California challenging the adequacy of a plan by the Tahoe Regional Planning Agency (TRPA) to reduce land erosion and lake sediment in Lake T...

The court holds that the drawdown by a Tennessee agency of the water level of a lake on state land leased to the United States Fish and Wildlife Service (FWS) and maintained as a national wildlife refuge is a major federal action requiring preparation of an environmental impact statement (EIS). The ...

The court holds that the Office of Surface Mining (OSM) may assess a reclamation fee on coal produced in the United States based on the gross weight of coal prior to sale, even though the material taxed includes impurities, such as water, attributable to the post-extraction process. The court first ...

The court holds that consumer organizations that promote energy conservation have standing on behalf of their members to challenge the National Highway Traffic Safety Administration's (NHTSA) issuance of fuel economy standards for light trucks, and NHTSA may consider shifts in consumer demand when s...

The court holds that regulations adopted by the Nuclear Regulatory Commission (NRC) that eliminate case-by-case review of the financial qualifications of electric utilities seeking operating licenses are authorized by the Atomic Energy Act (AEA) and are not arbitrary and capricious. The new rule mak...

The court holds that the Pennsylvania Solid Waste Management Act (SWMA) authorizes warrantless searches of solid waste facilities, but the Act violates the Fourth Amendment of the United States Constitution since it does not establish adequate standards outlining the circumstances under which a warr...

The court holds that a district court lacked jurisdiction to hold that a regulation issued under the Surface Mining Control and Reclamation Act exceeded the Secretary of the Interior's statutory authority, since this constitutes an attack on the validity of the regulation that must be brought in the...