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National Lime Ass'n v. EPA

The court remands the new source performance standards (NSPS) for lime manufacturing plants issued by the Environmental Protection Agency (EPA) under §111 of the Clean Air Act after finding inadequate support for them in the administrative record. The standards set numerical and opacity limitations...

State v. Chem Dyne, Inc.

The court rules that a receiver shall be appointed to supervise the payment of a civil fine and the removal of thousands of drums of hazardous waste from defendants' property. After chemicals had leaked from defendants' waste storage facility into nearby waters, resulting in substantial losses of fi...

United States v. Michigan

The Sixth Circuit Court of Appeals remands to the district court a case concerning the regulation of Indian fishing rights. In 1979, the lower court ruled that pursuant to two nineteenth century treaties the plaintiff tribes had an absolute right to engage in gill net fishing in the waters of Lake M...

Kadillak v. Anaconda Co.

The court holds that preparation of an environmental impact statement (EIS) under the Montana Environmental Policy Act (MEPA) is not required before a permit can be granted under the state's Hard Rock Mining Act (HRMA), but the court rules that the permit at issue is nonetheless invalid for failure ...

State ex rel. Graddick v. Jebsen S. (U.K.) Ltd.

The Alabama Supreme Court affirms the dismissal, for failure to state a claim upon which relief can be granted, of an action brought by the state of Alabama under the Alabama Water Improvement Act to recover civil penalties for pollution caused by the collision of a ship with an oil pipeline. The co...

Berkeley, City of v. Superior Court of Alameda County

The California Supreme Court issues a writ of mandamus compelling the trial court to set aside an order vesting fee simple ownership of a tract of land on the shore of San Francisco Bay in the Santa Fe Land Improvement Company, whose predecessors in interest had acquired it by a deed issued under an...

North Hempstead, Town of v. N. Hills, Village of

The court dismisses for lack of subject matter jurisdiction a complaint filed by a town and private citizens seeking injunctive relief against the grant of a "downzoning" variance which allows construction of clustered housing in a neighboring village. The court finds the challenge to the proposed d...

United States v. Irving, City of

Denying defendant's motion to dismiss a suit challenging its operation of a landfill, the court rules that both the United States and the city of Dallas have an implied right of action to enforce §14 of the Rivers and Harbors Act. This conclusion is mandated by application of the four-part test set...

Northern Colo. Conservancy Dist. v. Board of City Comm'rs

The court holds that county agencies that have been delegated responsibility pursuant to §208 of the Clean Water Act for developing regional waste water treatment plans are not acting under federal authority for purposes of removal under 28 U.S.C. §1442(a)(1). Plaintiffs, including the Denver Wate...

Kennecott Copper Corp. v. EPA

The Tenth Circuit Court of Appeals rejects a number of specific challenges to the Environmental Protection Agency's (EPA's) effluent limitations for the mining industry. A petitioner that did not participate in the rulemaking is not barred from seeking review of particular issues that were raised by...