The court rules that §503(h) of the Alaska National Interest Lands Conservation Act (ANILCA) requires the U.S. Forest Service to prepare an environmental impact statement (EIS) before approving amendments to the bulk sampling phase of U.S. Borax's plan of operations for mining activities within the...

The district court rejects challenges to §204(e) of the Federal Land Policy and Managment Act (FLPMA) as it was relied upon by the House Interior and Insular Affairs Committee in ordering the Secretary of the Interior to effect an emergency withdrawal of public lands. On June 1, 1981, in response t...

The court holds that environmental group litigants are entitled to attorney fees for their unsuccessful challenge to the Environmental Protection Agency's (EPA's) Clean Air Act §111 new source performance standards for coal-fired power plants. It first rules, relying on the plain meaning of $307(f)...

The District of Columbia Circuit, applying the standard it enunciated in Sierra Club v. Gorsuch, 12 ELR 20213, grants in part and denies in part petitions for recovery of attorney fees and court costs under §307(f) of the Clean Air Act. The court denies the environmental groups' requests for attorn...

In a suit to enforce §7003 of the Resource Conservation and Recovery Act (RCRA) the court rules that plaintiff's complaint against two defendants fails to state a claim on which relief can be granted. The complaint named two corporations as defendants for the purpose of gaining entry to their prope...

The court rules that under Pennsylvania law financial incapacity is not a defense to an action for a preliminary injunction requiring defendants to comply with a Department of Environmental Resources (DER) order, issued pursuant to Pennsylvania's Solid Waste Management Act and Clean Streams Law, to ...

The court rules that the Illinois Pollution Control Board properly reversed the state Environmental Protection Agency's (EPA's) denial of an application for permits to operate a chemical company's coal-fired boilers and to construct a 40-foot extension to its smokestack to reduce sulfur dioxide conc...

The court upholds the district court's ruling that the Army Corps of Engineers' denial of a temporary general dredge and fill permit is a final agency action. The Corps' regulations provide for automatic general permits, issued on a state, regional, or nationwide basis, for certain categories of act...

The Supreme Court of Nebraska rules that a Nebraska statute conditioning the transfer of Nebraska groundwater across state lines upon the receipt of a permit from the director of the Department of Water Resources is not unconstitutional. The lower court enjoined appellants, owners of adjacent tracts...

The court grants in part an appeal by the Illinois Environmental Protection Agency challenging a variance issued to Mississippi River Grain Elevator, Inc. (MRGE) by the state Pollution Control Board (PCB), because of the failure of MRGE's petition to demonstrate that the requested variance was consi...