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Natural Resources Defense Council v. New York, City of

After summarily rejecting, 12 ELR 20446, the bulk of plaintiffs' claims in a case seeking an injunction against the demolition of two historic theaters in New York City, the court rejects plaintiffs' final claim that ex parte contacts unlawfully influenced the determination of the Advisory Council o...

Natural Resources Defense Council v. New York, City of

The Second Circuit affirms two orders of the district court, 12 ELR 20182, 20446, denying appellants' motions for a preliminary injunction against the demolition of two historic theaters in New York City. The designation of one of the disputed theaters as eligible for listing on the National Registe...

Sierra Club v. Peterson

The court upholds defendants' determination not to prepare an environmental impact statement for oil and gas leases issued in the "Palisades" RARE II further planning area in the Targhee and Bridge-Teton National Forests of Idaho and Wyoming. Initially, the court rules that the action is not barred ...

Sierra Club v. Gorsuch

The court rules that the Environmental Protection Agency (EPA) violated §112 of the Clean Air Act by failing to promulgate emission standards for radionuclides and orders the Agency to prepare a proposed schedule for issuance of the standards. Under §112, EPA shall, within 180 days of placing any ...

United States v. Kin-Buc, Inc.

The court rules that the Clean Air Act preempts the federal common law of nuisance as it applies to air pollution emanating from a hazardous waste disposal site. The court first notes that the federal common law of nuisance is supplanted where Congress speaks directly to a question. Although the Cle...

New York, City of v. Department of Transp.

The court invalidates regulations issued by the Department of Transportation (DOT) under the Hazardous Materials Transportation Act (HMTA) concerning the transportation of radioactive materials, insofar as the regulations overried nonfederal bans on truck transportation of spent fuel and other large...

National Wildlife Fed'n v. Gorsuch

The court denies a stay pending appeal of its ruling, 12 ELR 20268, that dams are subject to the national pollutant discharge elimination system (NPDES) permit program. Previously, the court ordered the parties to submit proposed schedules and timetables for regulating dams under the NPDES program. ...

Natural Resources Defense Council v. NRC

For the second time, the court invalidates the Nuclear Regulatory Commission's (NRC's) "S-3 Table," a generic rule dictating how nuclear reactor licensing decisions take into account the environmental impacts associated with all stages of the nuclear fuel cycle, including the long-term handling and ...

Kelley v. John A. Biewer Co.

The court levies $85,500 in civil penalties against the owner of a lumber treatment plant for violating the Michigan Environmental Protection Act (PEA), the Water Resources Commission Act (WRCA), and the common law of nuisance. Between 1970 and 1979, defendant spilled and pumped chemicals, including...

Action for Rational Transit v. West Side Highway Project

The court enjoins the construction of a landfill in connection with the Westway highway project in New York City, declaring inadequate the environmental impact statement (EIS) relied upon by the Corps of Engineers before issuing a permit for the landfill. Though there is no merit to plaintiffs' clai...