The court upholds the Ohio Hazardous Waste Facility Approval Board's issuance of a permit for a hazardous waste storage and treatment facility to be located along the Ohio River. The court first holds that the statutory provision requiring the board to deny an application for a hazardous waste facil...

The court rules that intentional conduct is not a prerequisite to the imposition of civil penalties under the New Jersey Solid Waste Management Act (SWMA) and Water Pollution Control Act (WPCA). The court initially holds that the trial court abused its discretion in refusing to impose penalties on d...

The court holds that the Environmental Protection Agency (EPA) could validly consider a downstream state's color standard in assuming authority over a Federal Water Pollution Control Act (FWPCA) permit issued by an upstream state. The court concludes that the recent Supreme Court ruling in Internati...

The court rules that civil penalties under the New Jersey Solid Waste Management Act (SWMA) may be imposed on violators in the absence of proof of willfulness or intention to violate the Act. The court first holds that the trial court correctly found thatdefendant, the owner-operator of a sanitary l...

The court holds that the Department of Transportation (DOT) and state officials satisfied §4(f) of the Department of Transportation Act (DOTA) in selecting from among 10 alternatives the Napoleon Hollow on the Illinois River as the most cost-effective, environmentally least-disruptive, and safest s...

The court rules that because the 1977 amendments to the Clean Air Act require national ambient air quality standards (NAAQS) to be met by continuous rather than intermittent emissions controls, the Environmental Protection Agency (EPA) properly declared Midland County, Michigan a "nonattainment area...

The court holds that the Anti-Injunction Statute prohibits it from enjoining enforcement of a state court order that temporarily prohibits further action on a public housing project pending completion of a more thorough environmental impact statement (EIS) pursuant to the National Environmental Poli...

The court upholds the constitutionality of a provision of the Tennessee Surface Mining Law of 1977 requiring a permit applicant to submit evidence of its legal right to strip mine. Appellants, who had been conveyed the mineral interest to a specific property, applied to the Tennessee Department of C...

The Fourth Circuit Court of Appeals affirms the Environmental Protection Agency's (EPA's) approval of a prevention of significant deterioration (PSD) permit for the Hampton Roads oil refinery in Portsmouth, Virginia. Since analysis of the "air quality dispersion" models required for PSD applications...

After granting plaintiffs a temporary restraining order preventing closure of the comment period on a draft environmental impact statement (EIS) regarding inclusion of rivers in the National Wild and Sceni Rivers System, the court denies plaintiffs' request for a preliminary injunction. Notwithstand...