The court finds that corporate defendants' counterclaim challenging the Environmental Protection Agency's (EPA's) regulatory jurisdiction over an offshore oil storage and treatment facility (OS&T) is not ripe for adjudication. EPA has made an initial determination that defendant Exxon's OS&T...

The court denies defendant's motion for summary judgment and remands to the Environmental Protection Agency a case in which plaintiff seeks injunctive and declaratory relief against the proposed public release of test data submitted in support of applications for certificates of registration for cer...

After six years of litigation on the matter, the court finds that analysis of feasible alternatives to use of park land prepared in connection with the proposed highway project satisfies the requirements of §4(f) of the Department of Transportation Act. The §4(f) statement shows that the defendant...

The Colorado Supreme Court rejects all challenges to a municipal zoning ordinance which imposes appearance and placement controls on outdoor advertising and which requires the removal of signs extending more than three feet into public property within two years. The trial court's dismissal of the ac...

Affirming the decision of a three-judge district court, 7 ELR 20046, the Supreme Court upholds by a six-to-three vote the power of a state to adopt a system of disparate fees for hunting licenses which results in a nonresident paying 7.5 times the cost imposed upon a resident for similar privileges....

The court rules that it lacks jurisdiction to consider plaintiffs' challenges to the Environmental Protection Agency's (EPA's) failure to object to state issuance of a national pollutant discharge elimination system (NPDES) permit for a proposed petroleum refinery or to withdraw approval of the enti...

The court reverses a $10,000 civil penalty imposed on the city for operating a solid waste incinerator without a state permit. The city has known since 1970 that the incinerator was not in compliance with state air pollution standards.The Illinois Pollution Control Board filed a complaint in 1973, a...

The court denies a request that a temporary restraining order (TRO) be issued prohibiting defendant public utility from transferring spent nuclear fuel from the reactor at the Trojan Nuclear Plant to an on-site waste storage facility. The on-site facility was designed to handle spent-fuel containers...

The court holds that under the National Environmental Policy Act (NEPA) defendants need not prepare an environmental impact statement in connection with the decision to store indefinitely spent nuclear fuel in facilities intended only for short-term storage. Six weeks earlier, the court had denied p...

The Supreme Court affirms a Sixth Circuit decision enjoining closure of the nearly completed Tellico Dam because filling the reservoir behind the dam would destroy the critical habitat of the snail darter, an endangered species. The language and legislative history of §7 of the Endangered Species A...