The court holds that the Interstate Commerce Commission (ICC) did not violate the §102 of the National Environmental Policy Act (NEPA) or the ICC's implementing regulations when it granted a railroad company's request to waive the preparation of an environmental impact statement for the constructio...
The court holds that a 1977 contribution a chemical company made to the Virginia Environmental Endowment Fund, which was created in response to litigation over environmental contamination at the company's former plant in Hopewell, Virginia, was in substance an environmental penalty that the company ...
The court upholds a U.S. Environmental Protection Agency (EPA) rule that allows a state to stop Clean Air Act (CAA) §179(a)'s 18-month countdown to imposition of sanctions when it is triggered by an EPA finding that the state failed to submit a complete state implementation plan (SIP). Under the ru...
The court holds that provisions of Indiana's Environmental Compliance Plans Act (ECPA) that favor a utility's use of Indiana coal violate the Commerce Clause of the U.S. Constitution. The ECPA allows a utility to seek an early review by the Indiana Utility Regulatory Commission (IURC) of the utility...
The court holds that provisions of Indiana's Environmental Compliance Plans Act (ECPA) that favor a utility's use of Indiana coal violate the Commerce Clause of the U.S. Constitution. The ECPA allows a utility to seek an early review by the Indiana Utility Regulatory Commission (IURC) of the utility...
The court refuses to approve a proposed consent decree requiring the U.S. Environmental Protection Agency (EPA) to issue a notice of proposed revisions to its hazardous waste identification rule by August 15, 1995, and to issue its final rules by December 15, 1996. The court first holds that a state...
The court holds that the U.S. Environmental Protection Agency (EPA) did not violate the U.S. Constitution's Tenth Amendment or Spending Clause by imposing Clean Air Act (CAA) offset and highway sanctions against Missouri for its failure to properly implement its state implementation plan (SIP). The ...
The court upholds the Federal Energy Regulatory Commission's (FERC's) determination that litigation and settlement costs incurred by oil pipeline carriers in connection with the Exxon Valdez oil spill are "extraordinary expenses," and that the settlement agreement between the carriers and the state ...
The Third Circuit denies an organization of manufacturers' and local governments' petition for review of the U.S. Environmental Protection Agency's (EPA's) denial of Pennsylvania's request to redesignate the Pittsburgh-Beaver Valley area from nonattainment to attainment status for ozone under the Cl...
The court upholds the conviction of three individuals that organized a 20,000-person event in the Allegheny National Forest without obtaining a special permit in violation of U.S. Forest Service (the Service) regulations. The court first holds that the regulations are not unconstitutionally vague be...