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Duquesne Light Co. v. EPA

The court upholds Environmental Protection Agency (EPA) regulations implementing the Clean Air Act's §120 noncompliance penalties. The court first rules that, with one exception, EPA was correct in construing the applicability of $120 broadly. EPA properly applied the penalties to sources operating...

Commissioners of Highways v. United States

The Seventh Circuit affirms the district court decision denying a request for attorney fees by the highway commissioners of various Illinois municipalities, ruling that the Equal Access to Justice Act (EAJA) does not apply to the proceeding. The court first rules that the action was not "pending on"...

Citizens Comm. Against Interstate Route 675 v. Lewis

The court upholds the adequacy of a final environmental impact statement (EIS) prepared for the construction of a proposed segment of highway I-675 in Dayton, Ohio, and rules that Secreretary of Transportation Lewis did not abuse his discretion by reversing his predecessor's decision disapproving a ...

Chicago Park Dist. v. Sanitary Dist. of Hammond

The court holds that the Federal Water Pollution Control Act (FWPCA) preempts plaintiff's state-law claims against out-of-state defendants for the discharge of pollutants into Lake Michigan. Initially, the court rules that under City of Milwaukee v. Illinois (Milwaukee II),11 ELR 20406, plaintiff's ...

Conservation Law Found. of New England v. General Servs. Admin.

The First Circuit upholds in part a district court ruling, 13 ELR 20201, that the General Services Administration (GSA) must supplement an environmental impact statement (EIS) prepared for the proposed sale of surplus government property in Rhode Island. The First Circuit holds that the district cou...

Davison v. Department of Defense

The court rules that a portion of an environmental impact statement (EIS) prepared by the Air Force on a proposal to allow civilian air cargo operations at an Air National Guard base near Groveport, Ohio, fails to provide sufficient information for a reasoned choice among alternatives in violation o...

Devitt v. Heimbach

The court rules that an Orange County, New York, resolution calling for the sale of property for a sewage treatment project violated the State Environmental Quality Review Act (SEQRA). SEQRA required the county legislature to have before it an environmental impact statement or a determination of non...

Detroit, City of ex rel. Detroit Water & Sewerage Dep't v. Michigan

The court holds that the Eleventh Amendment bars the Detroit Water and Sewer Department's (DWSD's) complaint seeking an order compelling the Michigan Department of Transportation (MDOT) to pay for DWSD's treatment of storm water collected on property owned by the state agency. The court first rules ...

California v. Watt

The court upholds the Secretary of the Interior's five-year program for offshore oil and gas leasing prepared pursuant to §18 of the Outer Continental Shelf Lands Act (OCSLA).The court first holds that the Secretary's factual findings are to be upheld if based on substantial evidence, and his polic...

Wilson v. Block

The court sustains United States Forest Service (USFS) plans for development of a ski area in the San Francisco Peaks of Arizona over challenges based on Indian religious freedom, the Endangered Species Act (ESA), the Wilderness Act, the National Historic Preservation Act (NHPA), and the USFS organi...