The court, reversing in part the district court's ruling, 12 ELR 20179, rules that §6(f) of the Endangered Species Act (ESA) preempts the state of California's statute prohibiting trade in elephant products. Applying the ruling in a companion case, 13 ELR 20477, the court rules that the California ...

The court denies plaintiffs' request for a preliminary injunction to halt geothermal drilling and production activities funded by the Department of Energy (DOE) allegedly in violation of the National Environmental Policy Act (NEPA). First, the court holds that the injunctive relief provided by NEPA ...

Affirming the trial court, the court rules that a hazardous chemical handler's landlord may be liable for the tenant's tortious pollution of the public water supply if the landlord negligently selected the tenant, continued to exercise control over the property, or failed to maintain the property in...

The court upholds the adequacy of the environmental impact statement (EIS) for the Garrison Diversion Unit and approves the Department of the Interior's decision to proceed with the initial stage of the project. First, the court holds that a 1976 draft supplemental EIS can be considered together wit...

The court rules that a jury trial is unavailable to a defendant facing civil penalties under §309 of the Federal Water Pollution Control Act. The court finds no support for granting a jury trial in the Act's legislative history, and finds the civil penalty to be in the nature of a deterrent to stat...

The court affirms in part and vacates in part the Environmental Protection Agency's (EPA's) regulations limiting lead content in gasoline produced by small refiners, ruling that the final standard of 1.10 grams per leaded gallon (gplg) and the past production requirement in the definition of "small ...

The Supreme Court, reversing the D.C. Circuit, 12 ELR 20546, rules that the National Environmental Policy Act (NEPA) does not require the Nuclear Regulatory Commission to consider the potential psychological harm to local residents before authorizing the resumption of power generation at the sister ...

The Supreme Court, affirming the Ninth Circuit, 11 ELR 21070, rules that a provision of California's Warren-Alquist Act, which conditions the construction of nuclear plants on findings by the State Energy Resources Conservation and Development Commission that adequate means of nuclear waste disposal...

The court denies plaintiffs' motion for a temporary restraining order (TRO) to stop the Bureau of Land Management from spraying herbicides in Oregon forests. Plaintiffs failed to carry their burden of demonstrating an immediate threat of irreparable injury if the spraying proceeds. While there is su...

The court denies a motion for reconsideration of its decision, 13 ELR 20284, and orders the Secretary of the Interior to assess and collect mandatory civil penalties under the Surface Mining Control and Reclamation Act (SMCRA). The court first rules that although the Office of Surface Mining (OSM) h...