The Minnesota Supreme Court affirms the judgment of the trial court declaring unconstitutional a state statute prohibiting the sale of milk and certain milk products in plastic containers. The court finds that the statute, which is intended to encourage the use of recycled materials and to reduce th...

The Minnesota Supreme Court affirms the judgment of the trial court that the Minnesota Package Review Act does not violate the Commerce Clause of the federal Constitution but reverses the ruling that regulations issued by the Minnesota Pollution Control Agency (MPCA) were within the Agency's authori...

The court denies plaintiff's request for injunctive and declaratory relief compelling the Secretary of State and the Nuclear Regulatory Commission to process and issue a license authorizing plaintiff to export to the Phillipines a nuclear steam supply system to be used in a nuclear power plant. Ten ...

The court denies plaintiff's request for injunctive relief and declaratory relief against the proposed rerouting of highway and rail routes through the city of Pine Bluff, Arkansas. At this stage in the federal decisionmaking process a draft but not a final environmental impact statement for the pro...

The Eighth Circuit Court of Appeals affirms a district court's judgment, 9 ELR 20383, upholding the Department of Labor's determination not to prepare an environmental impact statement (EIS) in connection with the establishment of a Job Corps center in a residential neighborhood. The court first rej...

The Wisconsin Supreme Court holds that state Department of Natural Resources (DNR) regulations pertaining to thermal standards for lakes and streams are effluent limitations rather than water quality standards and are thus invalid under state law by being inapplicable to the power plants in question...

The Supreme Court affirms in part and vacates and remands in part a state court's issuance of permanent injunctions against unauthorized use of navigable canals constructed on private property with private funds. The Court's accompanying decision in Kaiser Aetna v. United States, 10 ELR 20042, estab...

The Eighth Circuit Court of Appeals affirms a lower court's grant of summary judgment in a suit challenging the adequacy of an environmental impact statement (EIS) prepared in connection with the proposed construction of an interstate highway segment between Cedar Rapids and Waterloo, Iowa. The proj...

The court upholds the Environmental Protection Agency's (EPA's) approval of South Dakota's action, as part of its revised water quality standards, designating as a cold water permanent fishery, the creek into which plaintiff indirectly discharges mining wastes. The statutory language and purposes as...

In a per curiam order, the Supreme Court reverses the decision of the Second Circuit Court of Appeals in Karlen v. Harris, 9 ELR 20001. At issue was a plan by the Department of Housing and Urban Development (HUD) to redesignate a site in New York City for a proposed low-income housing project. The C...