The Court rules that §114(c) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts state superfunds financed by special taxes and used to pay expenses that could be paid under CERCLA. Section 114(c) states that it preempts funds used to pay "costs of respons...

The court holds that the Federal Water Pollution Control Act (FWPCA) requires a farmer to obtain a §404 permit from the Corps of Engineers before discharging dredge and fill material into wetlands on his property for the construction of a fish pond, that the wetlands in question are navigable water...

The court rules that the provision of the Equal Access to Justice Act (EAJA) requiring that fee petitions be filed within 30 days of final judgment requires only that the fee petition itself be filed with the court by that time, and that pleadings detailing the amount requested may be filed subseque...

The Fourth Circuit upholds water pollution regulations promulgated by the Environmental Protection Agency (EPA) for existing facilities in the coal industry, with the exception of certain clauses establishing variance criteria because they fail to require consideration of factors relating to best pr...

The court affirms the district court's dismissal, based on res judicata, of a suit challenging sales of oil and gas leases on the outer continental shelf (OCS) off southern California. In 1974, appellant sought to block appellees' accelerated OCS development program, particularly Lease Sale No. 35, ...

The court vacates a preliminary injunction issued by a district court, 9 ELR 20235, against enforcement of the Surface Mining Control and Reclamation Act of 1977. The injunction is invalid because the lower court, in reliance on established principles of equity, ruled that it was unnecessary to cons...

Plaintiffs sought to enjoin use of a United States Navy munitions and nuclear weapons facility at the Pearl Harbor Naval Base near Honolulu. Plaintiffs, residents of Honolulu who use the areas adjacent to the new facilities for recreational and residential purposes, asserted violations of the Nation...

The Ninth Circuit Court of Appeals rules that jurisdiction to review the application of Clean Air Act regulations to activities on the outer continental shelf (OCS) lies in the district court under §23 of the Outer Continental Shelf Lands Act (OCSLA), ELR STAT. & REG. 42466, rather than in the ...

The First Circuit Court of Appeals denies appellants' request for injunctive relief pending review of the district court's denial, 9 ELR 20764, of their request for a preliminary injunction against the opening or acceptance by the Secretary of the Interior of bids for outer continental shelf (OCS) o...

The Ninth Circuit Court of Appeals dismisses an appeal in a suit challenging the timing and adequacy of the programmatic environmental impact statement for the accelerated oil and gas leasing program for areas of the outer continental shelf off the southern California coast. Plaintiff has failed to ...