The court denies defendants' petition for rehearing. Nothing in the Supreme Court's recent decision in Kleppe v. Sierra Club, 6 ELR 20532, requires an outcome contrary to this court's earlier decision that the Commission must refrain from commercial licensing of mixed oxide fuel-related activities p...

The Postal Service erred in concluding that construction of a new postal facility in a suburb of Rochester, New York, did not require preparation of a full-scale NEPA impact statement. The Service's environmental assessment for the project neglected to consider a number of possible major environment...

Petitioners challenge the EPA Administrator's action in promulgating regulations establishing effluent limitations and new source performance standards for the pulp, paper and paperboard industries, and appeal a lower court of appeals. The D.C. Circuit regulations lies exclusively in the court of ap...

In an advisory opinion requested by the state Senate, the Justices unanimously sustain the constitutionality of a bill that would authorize use of state motor vehicle and fuel tax revenues to construct and maintain commuter bikeways and bicycle parking facilities. The state constitution limits the u...

Petitioners seek review, in an action brought under §509(b)(1) of the Federal Water Pollution Control Act Amendments of 1972 (FWPCA), 33 U.S.C. §1359(b)(1), of EPA regulations promulgated under §§301, 304, 306, and 316(a), 33 U.S.C. §§1311, 1314, 1316, and 1326(a), establishing effluent limita...

When the Willamette River breached its bank in 1971, defendant's property onto which it flowed became subject to the federal government's navigation servitude. Defendant was therefore required under the Rivers and Harbors Act of 1899 to apply for and obtain a Corps of Engineers permit before "repair...

The Eighth Circuit remands EPA's new source performance standards for rendering operations. EPA must reformulate the standards to take into account the reasonableness of the cost of the best available control technology and the relationship of the new source standards to the 1983 best available tech...

Dissolving the district court's injunction, 6 ELR 20133, the Eighth Circuit, sitting en banc, holds that the Wilderness Act does not prohibit logging in the Boundary Waters Canoe Area (BWCA) and that the NEPA impact statement discussing timber management in the BWCA is procedurally and substantively...

Although EPA had not yet established effluent limitations or effluent limitation guidelines for defendant's industry pursuant to §§301(b) and 304(b) of the Federal Water Pollution Control Act, 33 U.S.C. §§1311(b) and 1314(b), ELR 41112-14, EPA issued defendent a National Pollutant Discharge Elim...

Federally funded reconstruction of a 4.1-mile portion of an 11-mile unpaved road which passes through a wooded public recreation area and near a fish hatchery is enjoined pending preparation of an adequate environmental impact statement. The Federal Highway Administration decision not to prepare an ...