The court vacates an injunction restraining further issuance of construction permits by defendants until such time as the municipality's sewage treatment plant is brought into compliance with state and federal laws. The trial court was correct in finding a violation of the city's national pollutant ...

The state of New York's highest court affirms an order directing a semi-rural municipality to grant a variance from its zoning ordinance to permit a public utility to construct a 565-foot tower for treating the cooling water discharged from the Indian Point nuclear power plant.
The court applies a ...

On direct review of an order of the Atomic Safety and Licensing Board of the Nuclear Regulatory Commission, the D.C. Circuit rules that the procedures employed by the Board in approving a routing proposal for an electric transmission line were adequate under the National Environmental Policy Act. Th...

Thirty-two industrial companies filed 23 petitions for review of the Environmental Protection Agency's (EPA's) imposition of a sulfur dioxide control plan for industrial dischargers in the state of Ohio. Petitioners claim that the plan should be remanded because the informal rulemaking hearings empl...

The Ninth Circuit reverses a lower court's dismissal of an action seeking declaratory and injunctive relief against the Environmental Protection Agency (EPA) Regional Administrator's veto of a state-issued national pollutant discharge elimination system permit for a paper mill but dismisses two peti...

Granting plaintiffs' cross-motion for summary judgment, the Court of Claims enters summary judgment allowing plaintiffs to recover cleanup costs for an oil spill from their property caused by burglars. Plaintiffs had sought to recover their costs, pursuant to Federal Water Pollution Control Act §31...

The court of appeals affirms a district court order dismissing a suit by several chemical manufacturers for review of the Environmental Protection Agency's (EPA's) Net-Gross Adjustment regulations on the ground that the controversy was not ripe. The regulations provide, with two exceptions, that a d...

In consolidated cases brought by a railroad and a municipality, the court rules that a local ordinance regulating excessive noise has been preempted by the federal Noise Control Act of 1972 and is invalid. The federal statute explicitly preempts all local noise control measures which are not identic...

The court dismisses plaintiffs' claim that a national pollutant discharge elimination system (NPDES) permit for a proposed petroleum refinery was illegally issued by the state water control board because no environmental impact statement (EIS) was prepared. The federal Environmental Protection Agenc...

The court denies a request for injunctive relief against construction of a prison pending preparation of an environmental impact statement pursuant to the National Environmental Policy Act (NEPA). Plaintiffs have failed to demonstrate a likelihood of success on the merits of their claim that the pro...