The court grants an award of attorney fees under the Michigan Environmental Protection Act (MEPA) to plaintiffs who won a preliminary injunction against gypsy moth spraying programs in 1978 and 1979. Section 3(3) of MEPA does not limit a fees award to the prevailing party. the court emphasizes, but ...

Granting plaintiff's motion for partial summary judgment, the court directs the Environmental Protection Agency (EPA) to propose rules for the testing of 18 "priority" chemicals, as required by the Toxic Substances Control Act (TSCA). Section 4 of the statute established the Interagency Testing Comm...

In an action in which the United States and the state of Virginia seek penalties and cleanup costs in connection with an oil spill, the court denies defendant's motion for summary judgment on the question of whether it may be held liable for the loss of migratory waterfowl. Though it agrees with def...

After denying, 10 ELR 20152, a petition for review of the Environmental Protection Agency's (EPA's) definition of "new source" coal mines in regulations promulgated under §306 of the Federal Water Pollution Control Act, the Third Circuit Court of Appeals, on a motion for rehearing, grants the petit...

The Third Circuit Court of Appeals reverses a district court's dismissal of an action seeking an injunctive order requiring the United States to warn all residents within 200 miles of the Three Mile Island nuclear plant of the radiation hazards associated with the accident that occurred there in 197...

The Sixth Circuit Court of Appeals dismisses petitions challenging the procedure and methodology used by the Environmental Protection Agency (EPA) in designating a number of areas in Ohio as nonattainment for sulfur dioxide under the 1977 Clean Air Act Amendments. The court rejects the charge that E...

In a suit charging the Department of Housing and Urban Development and the Department of Commerce with violations of the National Environmental Policy Act and the National Historic Preservation Act in connection with their financial support of a hotel and convention center project in Charleston, Sou...

The court affirms a district court decision upholding the adequacy of an environmental impact statement (EIS) prepared by the Department of Energy (DOE) concerning promulgation of the "tilt" rule, a mechanism for adjusting the price of gasoline. After issuing the regulation once and then withdrawing...

The court rules that the use of construction methods for a subway extension project different from those described in the environmental impact statement (EIS) does not necessarily require that the project be enjoined pending completion of a supplemental EIS. Defendants bear the burden, however, of e...

The court grants the government's motion for a preliminary injunction requiring disposal and cleanup activities at two hazardous waste storage sites in a suit brought under §7003 of the Resource Conservation and Recovery Act of 1976. The court has jurisdiction pursuant to §7003 because the governm...