The court upholds EPA's determination that a cogeneration plant is owned by a "nonprofit health or education institution" and therefore exempt from the prevention of significant deterioration (PSD) provisions of the Clean Air Act. Although the facility is owned by Medical Area Total Energy Plant, In...

The district court upholds the adequacy and scope of an environmental impact statement (EIS) prepared for a highway project in Arkansas involving construction of a 25.3-mile bypass linking the completed section of Highway 71 at Bella Vista with the Fayetteville Loop. The court rules that defendants ...

The court finds the Commonwealth of Pennsylvania and two named agencies in civil contempt for failure to comply with a consent decree requiring implementation of an automobile inspection and maintenance (I/M) program for the Philadelphia and Pittsburgh areas. Subsequent to entry of the consent decre...

The district court denies defendants' motion for recovery of attorney fees incurred in defending a lawsuit brought pursuant to §304 of the Clean Air Act. Plaintiff had sought to enjoin defendants from continuing construction of cogeneration equipment because of defendants' alleged failure to obtain...

The court holds that a decision of the U.S. Fish and Wildlife Service (FWS) to lift a ban on the commercial importation of three threatened kangaroo species does not violate the Endangered Species Act (ESA). Section 2(c) of the ESA requires federal agencies to seek to conserve endangered and threate...

Reversing a decision of the District of Columbia Circuit, 10 ELR 20905, the Court holds that the Outer Continental Shelf Lands Act (OCSLA) does not require the Secretary of the Interior to experiment with non-cash-bonus bidding systems for leasing outer continental shelf (OCS) oil and gas tracts. Th...

The court rejects a challenge to a proposed highway extension under the National Environmental Policy Act (NEPA). The challenged roadway, an extension of Gude Drive in Rockville, Maryland, would pass within 100 feet of plaintiffs' residences and was alleged to be part of a proposed "Rockville Circum...

The Maryland Court of Appeals upholds in part and invalidates in part two ordinances regulating the transportation and disposal of hazardous wastes within Anne Arundel County, Maryland. Appellant, a licensed landfill owner and operator and hazardous wastes hauler, filed a petition for declaratory an...

The court upholds the conviction of a transformer dealer for the unlawful roadside dumping of polychlorinated biphenyl (PCB) transformer oil in violation of §§6 and 15 of the Toxic Substances Control Act (TSCA) and PCB disposal regulations. It finds sufficient evidence to show that the oil was dum...

The Third Circuit affirms a district court's denial, 11 ELR 20952, of a motion by Pennsylvania legislators to intervene in a suit to compel state implementation of an automobile inspection and maintenance (I/M) program. The court rules that the state legislators may not intervene as of right under F...