Granting defendants' motion to dismiss and rejecting plaintiffs' motion for a temporary injunction, the court holds that the Surface Mining Control and Reclamation Act (SMCRA) violates neither the Due Process Clause of the Fifth Amendment, the "reserved powers provision" of the Tenth Amendment, nor ...

The Fifth Circuit Court of Appeals determines that the Environmental Protection Agency's (EPA's) redesignation of a county as a non-attainment area under the 1977 amendments to the Clean Air Act without prior notice and opportunity for comment violates the Administrative Procedure Act (APA) even tho...

The Ninth Circuit Court of Appeals affirms the lower court's denial, 7 ELR 20612, of a motion for an injunction against further construction by the Corps of Engineers of Warm Springs Dam in northern California. In 1974, the Supreme Court halted the project pending the Corps' preparation of a supplem...

The Ninth Circuit Court of Appeals holds that emissions from United States Navy engine test cells are subject to California air quality standards contained in its Environmental Protection Agency-approved state implementation plan. Affirming the district court decision, 7 ELR 20636, the court finds t...

On cross motions for summary judgment in a suit seeking injunctive relief against federal financing of a housing project, the court rules that plaintiffs do not have a cause of action under the National Environmental Policy Act, the National Historic Preservation Act, or the Archaeological and Histo...

In a case of first impression, the court holds that the state and its lessee have a right of access to mining claims on state school trust lands surrounded by federal lands with wilderness potential and that access to the claims may be regulated to preserve wilderness potential so long as economic d...

The court affirms the Environmental Protection Agency (EPA) Administrator's denial, 10 ELR 30011, of plaintiffs' requests for an administrative hearing regarding EPA's order restricting use of the pesticide chlorobenzilate in four citrus-growing states and banning use elsewhere. The hearing had been...

The court affirms an Environmental Protection Agency (EPA) order directing Chrysler Corp. to recall a class of 1975 vehicles because of noncompliance with emission standards. Although EPA issued a certificate of conformity for the vehicles at the production stage, subsequent testing showed that once...

The district court dismisses an action brought under the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA) challenging the funding by the Department of Housing and Urban Development (HUD) of the proposed demolition of a historic mansion in Milwaukee, Wisconsi...

The court of appeals affirms the lower court's dismissal of a challenge to the change in ownership of an airport with the aid of financial assistance by the Federal Aviation Administration. The district court correctly concluded that under the National Environmental Policy Act environmental impact s...