This unanimous en banc opinion on the merits follows the court of appeals' temporary opinion, 4 ELR 20598, on its stay of the district court's injunction, 4 ELR 20573, which had ordered Reserve to cease any further discharge of asbestos-bearing taconite wastes into Lake Superior from its plant at Si...
The EPA Administrator neither misinterpreted congressional intent nor violated the Constitution in making the enforcement penalties of §113 of the Clean Air Act applicable to the Commonwealth of Pennsylvania for any failure by it to implement the Philadelphia Transportation Plan. Although §113 may...
Primarily because of the inadequacies of an environmental impact statement (EIS), the court issues a preliminary injunction against a North Carolina secondary highway improvement project funded in part by the Federal Highway Administration. Although the project EIS was not vitiated by having been pr...
The Second Circuit Court of Appeals reverses and remands a lower court's dismissal of a complaint alleging that the Navy's dumping of polluted dredge spoil at the New London dump site in Long Island Sound violates both NEPA and the Federal Water Pollution Control Act Amendments of 1972. In view of t...
The court upholds a decision by the Adirondack Park Agency to prohibit boathouses in its approval of plans to develop private property fronting on a lake used as a part of a scenic waterway within the park and designated a recreational river by state statute. Because the act creating the agency esta...
The Environmental Protection Agency is without authority under the Clean Air Act to require the state of Maryland to enact a vehicle retrofit program and establish bikeways as part of the Baltimore Transportation Control plan. The canons of statutory construction dictate this interpretation of the A...
A local planning board's preliminary approval of a subdivision plat for a dunes area is revoked. In determining that the parcel was not tidal wetlands within the meaning of a New York State law protecting such areas, the board failed to consider a major portion of the statutory definition of tidal w...
The court denies plaintiff's motion for a preliminary injunction against air transportation of plutonium and other special nuclear materials pending trial on its claim that preparation of a NEPA impact statement is required for the transport program. Even assuming there is a sufficient likelihood of...
The court withdraws and vacates a portion of its earlier opinion, 4 ELR 20204, invalidating state-granted variances from a Clean Air Act implementation plan; the ruling in question was reversed by the Supreme Court in Train v. Natural Resources Defense Council, 5 ELR 20264.
Counsel are listed at 4 ...
On rehearing en banc, the Fifth Circuit Court of Appeals unanimously affirms a lower court's decision denying plaintiffs' request for attorney fees on the basis of the Supreme Court's decision in Alyeska Pipeline Service Co. v. Wilderness Society, 5 ELR 20286. For the original panel opinion denying ...