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West Mich. Envtl. Action Council v. Coleman

The court enjoins, as a major action under NEPA, the cutting of live trees pursuant to the defendants' roadside obstacle removal program, except where they present clearly hazardous obstacles, pending defendants' determination whether the program requires an environmental impact statement as an acti...

Dyecraftsmen, Inc. v. EPA

The court affirms the Environmental Protection Agency's (EPA) denial of a hearing in conjunction with the reversal of an NPDES permit issued jointly by EPA and the Massachusetts Water Resources Council under §402 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §1342 and ch...

Humane Soc'y of the United States v. EPA

The court holds that the court of appeals has original jurisdiction in a challenge to the Environmental Protection Agency's (EPA's) award of two experimental use permits for Compound 1080 under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), expiration of the permits does not moot t...

Western Neb. Resources Council v. Wyoming Fuel Co.

In an action challenging Nebraska's underground injection control (UIC) program promulgated under §1421(a)(1) of the Safe Drinking Water Act (SDWA), the court rules that the court of appeals has exclusive jurisdiction. The court first holds that the Administrator of the Environmental Protection Age...

Gambell, Village of v. Hodel

The court holds that the district court erred when it refused to preliminarily enjoin oil and gas exploration on lease sales in the outer continental shelf (OCS) off Alaska even though plaintiffs demonstrated a strong likelihood of success on the merits for their claim that the Secretary of the Inte...

Center for Nuclear Responsibility v. NRC

The court holds that appellants failed to file a timely notice of appeal to the district court's dismissal of their suit challenging the Nuclear Regulatory Commission's (NRC's) refusal to hold a hearing prior to the effective date of proposed amendments to a nuclear power plant's operating license. ...

E&E Hauling, Inc. v. Forest Preserve Dist. of DuPage County, Ill.

The court rules that the Illinois Environmental Protection Act (IEPA) preempts the field of sanitary landfill regulation in the state. The court, addressing sua sponte possible limits on its ability to hear the state-law preemption claim, holds that abstension is not appropriate, because there is co...

Connecticut Fund for the Env't v. Job Plating Co.

The court rules that §505 of the Federal Water Pollution Control Act (FWPCA) authorizes a citizen suit seeking penalties for past violations of a permit regardless of the subsequent filing and settlement of a state suit for prospective relief. The court first rules that the five-year federal statut...

Formosa Plastics Corp. v. Wilson

The court holds that the Secretary of the Delaware Department of Natural Resources and Environmental Control did not violate due process by revoking a plastics manufacturer's operating permits without a hearing. The plaintiff is not entitled to a preliminary injunction to stay the revocaton without ...

Chesapeake Bay Found. v. Gwaltney of Smithfield, Ltd.

The court holds that §505 of the Federal Water Pollution Control Act (FWPCA) allows citizens to seek civil penalties for past violations of national pollutant discharge elimination system (NPDES) permits, that each violation of a monthly average limitation may be treated as equivalent to a daily vi...