Trade association and ten petroleum refiners challenged regulations at 40 C.F.R. pt. 419, issued by the Administrator of the Environmental Protection Agency pursuant to §§301 and 304 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §§1311 and 1314, ELR 41112-14, which est...

The Colorado Supreme Court affirms a lower court's decision that due process requires an air pollution inspector to give notice of his inspection to the inspected plant reasonably soon after the completion of the inspection. Visual opacity tests that determine the particulate content of white smoke ...

The Colorado Supreme Court vacates most of the $41,500 civil penalty levied against plaintiff but upholds an injunction prohibiting plaintiff from operating its plant without installing air pollution control devices. The civil penalties assessed for violations of air pollution control standards, cha...

As part of major litigation on the question of the city of Los Angeles' compliance with the California Environmental Quality Act, ELR 43010-14, prior to increasing its extraction of subsurface water from the Owens Valley Basin, this appeal is to determine the interim pumping rate for water extractio...

Completing the judgment against plaintiffs, the court finds for defendants in the remaining two causes of action in a suit to enjoin the Bureau of Reclamation from proceeding with the initial stage of the Oahe Diversion Unit of the Missouri River Basin Project. Plaintiffs had questioned the adequacy...

The court affirms a lower court's order denying a stay of proceedings in a suit brought by the Illinois Attorney General that seeks to enjoin defendant's Gary, Indiana Works from discharging pollutants into Lake Michigan. The doctrines of primary jurisdiction and exhaustion of administrative remedie...

The court upholds the consitutionality of the Kentucky Wild Rivers Act, but rules that when Kentucky seeks to prohibit activities in areas covered by the Act, a taking of property occurs for which compensation must be paid. The Wild Rivers Act designates eight streams, including the subject Columbia...

The Fifth Circuit denies a motion for attorney fees in a Clean Air Act citizen suit which successfully challenged the EPA Administrator's approval of portions of the Georgia air quality implementation plan An award of attorney fees must be based on a statutory exception to the general prohibition ag...

Section 509 of the Federal Water Pollution Control Act Amendments of 1972 does not provide the court of appeals with jurisdiction to review EPA regulations allowing adjustments in effluent limitations where significant amounts of pollutants are present in a plant's intake water in the absence of act...

The court upholds the charitable deduction taken by land developers for a gift of 9.2 acres of redwoods to the city of Mill Valley, pursuant to a residential development plan, but remands the cause for a determination of the adjusted basis of the property. Taxpayers had bought, for investment purpos...