In a challenge to the Environmental Protection Agency's (EPA's) rules regulating polychlorinated biphenyls (PCBs), promulgated pursuant to the Toxic Substances Control Act (TSCA), the court upholds EPA's regulations allowing continuation of certain uses of PCBs but remands those regulations exemptin...

The Eighth Circuit Court of Appeals affirms appellant's conviction for knowingly destroying real property of the United States located within the National Wildlife Refuge System by draining private land subject to an easement for waterfowl production. The court rules that appellant's construction of...

The court finds that the Interior Department has complied with its previous order to pursue all statutorily available courses to protect the Redwood National Park from lumbering on the park's periphery. Interior's attempts to secure new funding or new regulatory power to protect the park have been r...

The court enjoins further channelization of Luxapalila Creek, a tributary of the Tombigbee River, after finding a substantial likelihood that plaintiffs will prevail on the merits of their claims that the project EIS fails to satisfy the requirements of NEPA. The channelization project, which is des...

In an action to enforce the provisions of an NPDES permit issued under §402 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §1342, the court issues a consent order requiring the city of Camden to repair the main sewage treatment plant within 16 months and Baldwin's Run sew...

The Seventh Circuit Court of Appeals, sitting en banc, reverses an earlier panel decision, 5 ELR 20354, which held that preparation of the NEPA impact statement for a proposed highway project had been improperly delegated to a state agency, but rules that the scope of the EIS was illegally restricte...

The D.C. Circuit remands the Nuclear Regulatory Commission's (NRC) grant of an operating license for the Vermont Yankee nuclear power plant, concluding that the defendants violated NEPA by not discussing the environmental effects of radioactive waste disposal in the environmental impact statement (E...

The court affirms a lower court's decision that the state forester must prepare an environmental impact report (EIR) under the California Environmental Quality Act (CEQA), ELR 43010, in reviewing timber harvesting plans submitted by private parties under the state Forest Practices Act. Contrary to d...

Following the defendant's and state of Minnesota's failure to agree on an on-land waste disposal site, Chief Judge Devitt orders Reserve and its parent corporations to cease dumping taconite tailings into Lake Superior by July 7, 1977. This order follows the court of appeals' mandate, 5 ELR 20596, 2...

The court affirms the corporate defendant's conviction for failing to notify federal authorities of known oil spills, in violation of §311(b)(5) of the Federal Water Pollution Control Act, 33 U.S.C. §1321(b)(5), ELR 41118. There is no merit to defendant's contention that only a natural person, not...