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Texas Comm. on Natural Resources v. Bergland

The district court enjoins the further use of clearcutting and other even-age timber management techniques in the national forests of Texas pending preparation of an environmental impact statement (EIS) that complies with the mandates of the National Environmental Policy Act (NEPA). The court finds ...

United States v. Pennsylvania Envtl. Hearing Bd.

Plaintiff filed this action seeking a judgment that a civil penalty levied by the state Environmental Hearing Board under the Pennsylvania Clean Streams Law for water pollution discharged from a federally owned, contractor managed ammunition manufacturing plant is uneforceable against the United Sta...

Association of Am. R.Rs. v. Costle

Pursuant to §17 of the Noise Control Act of 1972, ELR STAT. & REG. 41506, the court directs the Environmental Protection Agency (EPA) to promulgate Railroad Noise Emission Standards not limited to just rail cars and locomotives. Plaintiffs argued that the mandate in §17 requiring standards for...

National Ass'n of Regional Councils v. Costle

The court remands for modifications a district court order that the unobligated balance of the Environmental Protection Agency (EPA) budget authority provided by §208(f)(3) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §1288(f)(3), for funding areawide waste treatment ma...

American Iron & Steel Inst. v. EPA

The court invalidates the Environmental Protection Agency's (EPA's) decision to exempt by regulation steel plants in the Mahoning River Valley from the effluent limitations generally applicable to that point source category. The exemption cannot stand in view of the command in §301(e) of the Federa...

In re Pittston Co. Oil Refinery & Marine Terminal at Eastport

The court dismisses appeals by three state agencies, which appeal a permit issued for a coastal oil refinery, on the grounds that they lack standing to seek judicial review under the Site Location of Development Law, 38 Me. Rev. Stat. Ann. §§481 et seq., ELR Stat. & Reg. 43027. Appellee Board ...

Puerto Rico v. Alexander

Section 404 of the Federal Water Pollution Control Act (FWPCA) and the Corps of Engineers' regulations providing for the issuance of permits to discharge dredged and fill material apply to unnavigable waters within Puerto Rico. The court rules that plaintiff has standing to sue under the Declaratory...

San Diego, County of v. Andrus

Dismissing plaintiffs' complaint, the court holds that the Interior Department need not prepare a National Environmental Policy Act environmental impact statement (EIS) prior to the formulation of a proposal for an outer continental shelf oil and gas lease sale off the coast of southern California. ...

Arcata Redwood Co. v. State Bd. of Forestry

The court upholds the power of the State Board of Forestry to disapprove timber harvesting plans on the grounds that they would foreclose future congressional action to expand Redwood National Park. Petitioners, which are logging companies doing business in Humboldt County, filed harvesting plans wi...

Silentman v. Federal Power Comm'n

The court holds that the Federal Power Commission (FPC) may issue a conditional certificate of public convenience for a proposed coal gasification plant without writing a full National Environmental Policy Act (NEPA) environmental impact statement (EIS). The FPC initially held that it had jurisdicti...