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California ex rel. State Air Resources Bd. v. EPA

The court upholds the Environmental Protection Agency's (EPA's) approval under the Clean Air Act of California and Nevada state implementation plans (SIPs) for the carbon monoxide nonattainment area surrounding Lake Tahoe. Faced with challenges by each state to the other's SIP, the court first holds...

Yaffe Iron & Metal Co. v. EPA

The court upholds the findings of the Administrator of the Environmental Protection Agency (EPA) that petitioner violated the polychlorinated biphenyl (PCB) regulations issued under §6(e) of the Toxic Substances Control Act, but vacates the civil penalty imposed as based on improper evidence. The c...

Fallini v. Hodel

The court holds that §4 of the Wild Free-Roaming Horses and Burros Act does not impose a duty on the Bureau of Land Management (BLM) to prevent wild horses from straying onto private lands. After BLM failed to respond to plaintiffs' requests that wild horses be removed from their property, plaintif...

West Houston Air Comm. v. Federal Aviation Admin.

The court holds that the Federal Aviation Administration (FAA) reasonably concluded that opposition from a small percentage of the public affected by the proposed certification of the West Houston Airport for large-scale passenger carriers does not require preparation of an environmental assessment ...

Franklin, Township of, Sewerage Auth. v. Middlesex County Utils. Auth.

The court upholds the district court's refusal to grant appellant township of Woodbridge's motion to dissolve an injunction requiring it to connect its sewer system to the Middlesex County Utility Authority's treatment system, since Woodbridge did not demonstrate a change in the circumstances that h...

Avoyelles Sportsmen's League v. Marsh

In a Federal Water Pollution Control Act (FWPCA) citizen suit case arising out of a challenge to a Corps of Engineers wetland determination that resulted in two trials and an appeal on the merits, the court rules that attorney fees are not appropriate for expenses incurred either in litigating an is...

Commonwealth v. Lavelle

The court upholds the conviction of individuals and corporations involved in hazardous waste transportation and disposal for violating racketeering provisions of the Pennsylvania Crimes Code. The court rules that defendants' family business was an "enterprise" within the meaning of the Corrupt Organ...

West Mich. Envtl. Action Council v. Natural Resources Comm'n

The Michigan Supreme Court reverses the lower court's approval of appellee agency's issuance of permits allowing exploratory oil drilling in the Pigeon River Country State Forest. The Michigan Environmental Protection Act (1) forbids state agencies from taking action likely to pollute, impair, or de...

Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n

On review of several consolidated cases, the Supreme Court rules that pursuant to treaties entered into between Pacific Northwest Indian tribes and the United States in the 1850s, tribal fishers in the region are entitled to take roughly one-half of the annual fish harvests. Part of the consideratio...

WATCH v. Harris

The Second Circuit Court of Appeals affirms a lower court's issuance of an injunction against the demolition of buildings as part of an ongoing urban renewal project in Waterbury, Connecticut, finding violations of both the National Environmental Policy Act (NEPA) and the National Historic Preservat...