The court upholds the constitutionality of §518(c) of the Surface Mining Control and Reclamation Act (SMCRA), which requires prepayment of penalties into escrow prior to an evidentiary hearing. Plaintiff's petition for review of the assessed penalties was dismissed for failure to comply with §518(...

The courtupholds the constitutionality of §518(c) of the Surface Mining Control and Reclamation Act (SMCRA), which requires an alleged violator to prepay the proposed civil penalty into escrow prior to obtaining an evidentiary hearing. Initially the court rejects plaintiff's contention that it is e...

The court affirms the district court's dismissal, 12 ELR 20342, of a citizen suit to compel Environmental Protection Agency (EPA) approval and federal, state, and local enforcement of portions of the New York state implementation plan (SIP) for New York City. The court rules that appellants' action ...

The Seventh Circuit rules that the Illinois Spent Fuel Act, which prohibits the shipment of spent nuclear fuel into the state for storage, violates the Commerce Clause of the Constitution and is preempted by the Atomic Energy Act (AEA). Appellees sought a declaratory judgment in district court that ...

The Third Circuit affirms the district court's dismissal, 11 ELR 20886, of appellants' suit to enjoin a state tax imposed under the New Jersey Spill Compensation and Control Act for lack of subject matter jurisdiction. In seeking a declaration that §114(c) of the Comprehensive Environmental Respons...

The Fifth Circuit rules that a hazardous waste disposal company and two sellers of crude oil are strictly liable for damages incurred by Ashland Oil, Inc., as a result of defendants' injection of a toxic industrial waste into Ashland's pipeline system. Defendant Rollins-Purle, Inc., who had agreed t...

The Supreme Court upholds the constitutionality of several provisions of the Public Utility Regulatory Policies Act (PURPA) under the Commerce Clause and the Tenth Amendment. The Court reverses a district court decision finding unconstitutional Titles I and III and §210 of Title II of PURPA. Titles...

The court rules that the Surface Mining Control and Reclamation Act (SMCRA) authorizes the concurrent enforcement of SMCRA regulations by the Commonwealth of Kentucky and the Secretary of the Interior. Initially, the court rules that it, not the District Court for the District of Columbia, has juris...

Reversing the district court, the Ninth Circuit rules that the Urban Mass Transportation Administration's (UMTA's) decision to categorically exempt the construction and operation of a bus maintenance depot from preparation of an environmental impact statement (EIS) is ripe for judicial review. The c...

The Supreme Court of Alaska upholds Alaska's determination under the Alaska Lands Act that the Beaufort Sea oil and gas lease sale was in the state's best interest, but remands the state's decision that the lease sale was consistent with the Alaska Coastal Management Plan (ACMP). Initially, the cour...