The court vacates and remands the Environmental Protection Agency's (EPA's) approval of the state of Connecticut's application to revise its air quality implementation plan by revoking its indirect source review program. EPA erroneously construed §110(a)(5)(A)(iii) of the Clean Air Act as requiring...

In a suit brought by the United States for an injunction against the town of North Hempstead's allegedly illegal operation of an incinerator, the Second Circuit vacates, for lack of subject matter jurisdiction, all orders by the trial court relating to the operation of a certain landfill. Although t...

Reversing for the most part the district court's issuance of an injunction against further construction of a drainage channel near Devils Lake, North Dakota, the court rules that the term "navigable waters of the United States" as used in $10 of the Rivers and Harbors Act of 1899 is limited to bodie...

In a suit brought by holders of grazing permits contesting reductions in the numbers of animals which may be grazed thereunder on federal lands, the Court of Appeals for the Ninth Circuit reverses the district court's award of summary judgment to the government, 8 ELR 20833. After dismissing appella...

Vacating the lower court's denial of an injunction 9 ELR 20075, the Ninth Circuit Court of Appeals holds that the decision of the federal court in the District of Columbia in NRDC v. Morton, 5 ELR 20327, which involved the Bureau of Land Management's compliance with the National Environmental Policy...

The Supreme Court denies a petition for a writ of certiorari and thereby refuses to review a Seventh Circuit decision, 9 ELR 20560, that the Environmental Protection Agency (EPA) properly invoked the good cause exemption in dispensing with prior notice and comment under §553 of the Administrative P...

The Ninth Circuit Court of Appeals affirms a lower court decision, 8 ELR 20853, rejecting challenges to federal approval of the state of California's Coastal Zone Management Program pursuant to the Coastal Zone Management Act. The lower court correctly ruled the challenges to federal approval of the...

The Ninth Circuit Court of Appeals reverses the lower court, 9 ELR 20326, and upholds the constitutionality of the Airborne Hunting Act. The congressional authority to regulate interstate commerce is sufficient to sustain the validity of the Act, which is similar to other statutory measures to incre...

The court denies a motion to dismiss a suit brought by the United States for injunctive and compensatory relief against emissions fromdefendants' aluminum reduction plant which settle upon the Flathead National Forest and Glacier National Park. Acknowledging that the United States, as the proprietor...

The D.C. Circuit Court of Appeals affirms the denial of a preliminary injunction, 9 ELR 20720, against implementation of the Interior Department's final regulations under the Surface Mining Control and Reclamation Act (SMCRA). Industry and state appellants had challenged the part of the regulations ...