The court declares that a town ordinance limiting construction on Fire Island ocean-front property in order to protect fragile beach ecology represents an invalid exercise of the police power under the due process clauses of the state and federal constitutions. Petitioner's acquisition of the proper...

Reversing the district court, 7 ELR 20073, the court holds that appellants have standing to challenge the importation of baby fur sealskins and that the government's waiver of the importation moratorium violates the Marine Mammal Protection Act (MMPA). Appellee Fouke Company sought the waiver in ord...

The court recalls its mandate and amends its earlier judgment, 6 ELR 20068, thereby releasing the Environmental Protection Agency from the duty to establish "ranges" of effluent limitations other than those established by subcategorizing sources, to specify in more detail factors to guide National P...

Plaintiffs sought to block the proposed sale of the abandoned Charlestown Naval Auxiliary Landing Field as surplus property to an electric company for a nuclear power plant site. Plaintiffs appealed from other aspects of the district court opinion which held, inter alia, that sale of the site withou...

The court affirms an order of the Interstate Commerce Commission (ICC) requiring special operating authority to enable motor carriers to transport certain waste materials for recycling. Petitioner asserted that the ICC order lacks a rational basis and is inconsistent with an earlier court decision o...

Granting the government's motion for summary judgment, the court, in a case of first impression in the Third Circuit, upholds civil penalties assessed for oil spills under the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. §§1251-1376, ELR 41100-28, notwithstanding that defendants reported...

Reversing the district court, 7 ELR 20230, the Second Circuit holds that the final enironmental impact statement (EIS) for the lease sale of tracts for oil and gas exploitation on the mid-Atlantic Outer Continental Shelf (OCS) satisfied the requirements of the National Environmental Policy Act. The ...

Finding that it has exclusive jurisdiction to review the regulations in question, the court holds that the Environmental Protection Agency (EPA) may not regulate motor oil and motor oil additives under §211 of the Clean Air Act. Section 211, 42 U.S.C. §1857f-6c, ELR 41214-15, authorizes EPA to reg...

Affirming a lower court, 37 Ill. App. 3d 440, the Illinois Supreme Court holds that the Environmental Protection Act, Ill. Rev. Stat. 1975, ch. 111 1/2, para. 1001, 1005, does not empower the Pollution Control Board (PCB) to coordinate sewage treatment through regional water-treatment plans. The PCB...

Rejecting plaintiffs' motion for a preliminary injunction, the court agrees that the Environmental Protection Agency (EPA) may enforce its orders requiring Los Angeles to proceed with construction of the Hyperion interim sewage sludge disposal project while postponing the awarding of a grant to help...