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Weyerhaeuser Real Estate Co. v. Stoneway Concrete, Inc.

The court applies the doctrine of commercial frustration to relieve petitioner strip mining company of liability for payments under a surface minerals extraction lease, finding that the parties could not have foreseen that applications for the necessary permits would arouse such strong opposition as...

Dow Chem. Co. v. United States ex rel. Gorsuch

The court holds that the Environmental Protection Agency's (EPA's) warrantless aerial photography of plaintiff's chemical manufacturing plant both violated the Fourth Amendment's prohibition against unreasonable searches and lacked authorization under §114 of the Clean Air Act. The court first note...

Wisconsin v. Metropolitan Council

The court dismisses a suit by Wisconsin against the Environmental Protection Agency (EPA) and Minnesota agencies pertaining to reissuance of a national pollutant discharge elimination system (NPDES) permit for a sewage treatment plant. Under Wisconsin law, the attorney general must have specific sta...

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

The court holds that the New Jersey Department of Environmental Protection's Division of Coastal Resources (DCR) erred in conditionally granting approval for a construction permit under the Coastal Area Facility Review Act to a large-scale development in an environmentally sensitive low-growth area ...

Illinois v. Kerr-McGee Corp.

The Seventh Circuit Court of Appeals, reversing two district court opinions, holds that the Atomic Energy Act (AEA) confers exclusive jurisdiction upon the Nuclear Regulatory Commission (NRC) to regulate radiation hazards but preserves state and local authority to regulate non-radiation hazards.The ...

Delaware Valley Citizens' Council for Clean Air v. Pennsylvania

The Third Circuit affirms a decision by the district court, 12 ELR 20191, holding the Commonwealth in civil contempt for violating a consent decree requiring it to implement an automobile inspection and maintenance (I/M) program and ordering the United States Department of Transportation (DOT) to wi...

In re Complaint of Sedco, Inc.

The district court holds that (1) Petroleos Mexicanos (Pemex), the national oil company of Mexico, is immune from suit under the Foreign Soverign Immunities Act (FSIA), 28 U.S.C. §§1602 et seq., (2) the court may exercise personal jurisdiction over Permargo, a private Mexican drilling company, and...

WATCH v. Harris

The court rules that both the United States and the Waterbury Urban Renewal Authority (WURA), a municipal agency, are liable for attorney fees under §305 of the National Historic Preservation Act (NHPA). On a motion of Waterbury Action to Conserve Our Heritage (WATCH), the court permanently enjoine...

Colorado-Ute Elec. Ass'n v. Watt

The court upholds regulations of the Bureau of Land Management (BLM) requiring right-of-way permit applicants under §304 of the Federal Land Policy and Management Act (FLPMA) to pay the agency's processing costs. It rules that the Secretary of the Interior is authorized to require applicant to reim...

Barrie v. Kitsap County Boundary Review Bd.

The court affirms the lower court's decision that the County Boundary Review Board's (BRB's) approval of the annexation of a tract of land by the city of Bremerton complied with the environmental impact statement (EIS) requirements of the State Environmental Quality Review Act. The court upholds the...