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Pennsylvania Dep't of Envtl. Resources v. Pennsylvania Power Co.

The Pennsylvania Supreme Court upholds the constitutionality of air pollution emission limitations that are "technology-forcing," i.e., incapable of being met with the best technology currently available and requiring development of new technology. After being fined administratively for noncomplianc...

United States v. ITT Rayonier, Inc.

The court finds that the Environmental Protection Agency (EPA) is collaterally estopped from raising an issue in a Federal Water Pollution Control Act (FWPCA) enforcement proceeding that was already decided in favor of appellant in a state enforcement proceeding. The Washington Department of Ecology...

Kennecott Copper Corp. v. New Mexico Envtl. Improvement Bd.

The court upholds the New Mexico Environmental Improvement Board's (EIB's) issuance of a regulation reducing the limits on emissions of sulfur dioxide from copper smelters. First, it rejects appellant's argument that the new emission limitations were improperly based on the requirements of federal r...

State v. Kailua Auto Wreckers, Inc.

The court holds that corporate officers are personally liable for the corporation's violations of Hawaii's air pollution regulations. Civil penalties were imposed on appellants for open burning of automobiles. Although recognizing that discriminatory law enforcement is a defense in a criminal procee...

United States v. Hughes

The court affirms a conviction for converting government property and violating the Wild Free-Roaming Horses and Burros Act against a defendant who sold for slaughter horses that had been rounded up from the public lands and lent under the Adopt-a-Horse Program. Under the program, which is administe...

National Wildlife Fed'n v. Adams

The Ninth Circuit Court of Appeals affirms the lower court's denial of a request for a preliminary injunction barring construction of two federally funded highway projects located adjacent to a Trident submarine base. Appellants challenged (1) the Federal Highway Administration's compliance with Exe...

New Jersey Dep't of Envtl. Protection v. EPA

The District of Columbia Circuit Court joins the Third and Fifth Circuits, 9 ELR 20316 and 9 ELR 20311, in setting aside the Environmental Protection Agency's (EPA's) designation of nonattainment areas in New Jersey pursuant to §107(d) of the Clean Air Act for failure to adhere to the notice and co...

U.S. Steel Corp. v. EPA

The Third Circuit Court of Appeals upholds the Environmental Protection Agency's (EPA's) approval of amendments to Pennsylvania's state implementation plan (SIP) imposing stricter limitations on emissions of particulates from coke oven batteries. The Agency properly approved the revision on the grou...

Environmental Defense Fund v. EPA

In a challenge to the Environmental Protection Agency's (EPA's) rules regulating polychlorinated biphenyls (PCBs), promulgated pursuant to the Toxic Substances Control Act (TSCA), the court upholds EPA's regulations allowing continuation of certain uses of PCBs but remands those regulations exemptin...

United States v. Seest

The Eighth Circuit Court of Appeals affirms appellant's conviction for knowingly destroying real property of the United States located within the National Wildlife Refuge System by draining private land subject to an easement for waterfowl production. The court rules that appellant's construction of...