The Fifth Circuit Court of Appeals holds that the district court lacked jurisdiction to review the Environmental Protection Agency's (EPA's) conditional approval of the Texas revised state implementation plan (SIP) and that §113(a) of the Clean Air Act does not impose a mandatory duty on EPA to mak...
The Ninth Circuit Court of Appeals reverses two district court opinions that held that California's Warren-Alquist Act, which imposes regulatory requirements upon nuclear and other electrical generating plants, is preempted by the Atomic Energy Act. Before turning to the merits, the court rules that...
Affirming the opinion of the district court, 11 ELR 20558, the Ninth Circuit Court of Appeals holds that under §114(a)(2) of the Clean Air Act the Environmental Protection Agency (EPA) is authorized to use non-Agency employees in making inspections of stationary sources. Looking to the plain meanin...
Following the Supreme Court's reversal, 10 ELR 20353, of its initial negative jurisdictional determination, 9 ELR 20086, the Fifth Circuit Court of Appeals rules that the Environmental Protection agency (EPA) imporperly applied its new source performance standards for fossil fuel-fired steam generat...
The court rules that formal adjudicatory hearings are not required for dredge and fill permit proceedings under §404 of the Federal Water Pollution Control Act (FWPCA). The court rejects plaintiffs' contention that since adjudicatory hearings are required under §402 of the FWPCA they are required ...
The court rules that an environmental impact report (EIR) prepared by respondents for a water project in Owens Valley does not comply with the California Environmental Quality Act (CEQA). In 1977, the court placed a limit on the extraction of subsurface water for export from Owens Valley, 7 ELR 2058...
The district court upholds the constitutionality of Houston City Ordinances 80-351, 80-945, 80-984, regulating the use of portable signs. The ordinance, which was challenged by individuals and corporations engaged in leasing, renting, and manufacturing portable signs, requires sign owners to secure ...
A federal district court refuses to enforce air quality standards for Indiana that were declared invalid under state law by the Indiana Court of Appeals.
[The complaints in this and two companion proceedings are summarized at 11 ELR 65681 — Ed.]
Counsel for PlaintiffFrederick S. Middleton III, H...
Following its denial of plaintiff's motion for injunctive relief, 11 ELR 21101, the district court stays further proceedings in an action seeking a $44 million federal construction grant for completion of a wastewater treatment facility, pending resolution of a related case in state court. The court...
The district court denies plaintiff's application for preliminary relief restraining defendants from issuing federal construction grant awards to other New Jersey sewage treatment projects that would reduce the available share of such funds to less than $44 million. Plaintiff seeks a $44 million con...