The court denies an oil spiller's motion for summary judgment in a suit challenging the validity of a $500 civil penalty assessed under §311(b)(6) of the Federal Water Pollution Control Act Amendments of 1972. Ward's attempt to raise constitutional objections to the civil penalty device by claiming...

The Fifth Circuit upholds the lower court's denial of a motion by the state of Alabama to intervene as of right in a suit over the water quality standards promulgated by the Environmental Protection Agency for Alabama. Plaintiffs challenge EPA's rejection of standards set by the Alabama Water Improv...

After four-and-a-half years of litigation, the district court finds the Corps of Engineers' environmental impact statement (EIS) for the Cache River channelization project in compliance with the National Environmental Policy Act (NEPA). Plaintiffs' original complaint resulted in an injunction, after...

The California Supreme Court upholds the city's building moratorium ordinance against challenges that it was illegally enacted by initiative, is unconstitutionally vague, and infringes on the right to travel, but remands for a determination at trial of whether the ordinance's exclusionary nature adv...

The Tenth Circuit affirms the trial court's injunction against sale of an historic department store tower in Denver for urban renewal purposes pending compliance with Department of Housing and Urban Development (HUD) regulations implementing the National Historic Preservation Act (NHPA) of 1966. Def...

Reversing the district court, 6 ELR 20583, the Sixth Circuit permanently enjoins further work on the Tellico Dam because completion of the project will violate §7 of the Endangered Species Act, ELR 41825, by destroying critical habitat of the snail darter, a fish listed by the Department of the Int...

The Second Circuit vacates a lower court decision that compelling New York City to implement and enforce transportation control strategies contained in the New York implementation plan by way of a judicial order in a citizen suit under §304 of the Clean Air Act would violate the city's rights under...

The state seeks a writ in the nature of mandamus and declaratory relief holding regulations promulgated by the Army Corps of Engineers and the Environmental Protection Agency pursuant to §404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §1344, ELR 41124, arbitrary and u...

The court explains the rationale behind its earlier order granting the Environmental Protection Agency's (EPA's) motion to dismiss a petition for review of the agency's decision subjecting three power plants currently under construction to new source review under EPA's regulations regarding "signifi...

The court affirms a lower court order overruling appellant's preliminary objections to the petition of the Department of Environmental Resources (DER) seeking enforcement of a consent order relating to abatement of air pollution from two of appellant's coke ovens. The consent order entitled Bethlehe...