The Sixth Circuit Court of Appeals vacates a district court order awarding attorney fees against the Governor and other officials of the state of Ohio in a legislative reapportionment case. The award is in substance and effect against the state itself, and where, as here, a state has not waived its ...

The D.C. Circuit Court of Appeals reverses a lower court's grant of summary judgment against plaintiff in a suit to compel disclosure under the Freedom of Information Act of audits conducted on companies operating concessions in national parks and of annual financial statements filed by concessioner...

The Third Circuit holds that private dredging and construction of waterfront homesites and a lagoon system upon marshland previously subject to the ebb and flow of the tide do not require a permit from the Army Corps of Engineers and may not be totally enjoined under the Rivers and Harbors Appropria...

The D.C. Circuit Court of Appeals upholds all but the liability provisions of EPA's regulations prohibiting the use of leaded gasoline in automobiles fitted with "cataltic converter" devices for the control of exhaust emissions and requiring widespread retail marketing of at least one grade of unlea...

Regulations limiting the amount of asbestos dust allowed in the air in industries using asbestos, set by the Secretary of Labor pursuant to the Occupational Safety and Health Act of 1970, 29 U.S.C. §§651 et seq. (OSHA) are subject to the substantial evidence standard of judicial review to the exte...

The court grants motion to dismiss, as barred by sovereign immunity, claims against the EPA Administrator in a suit against him and various state and local governments by landowners in counties where a sewer hook-up moratorium has been imposed. Plaintiffs seek injunctive relief requiring the Adminis...

A memorandum issued by the Administrator of the Federal Aviation Administration (FAA) permitting airlines to use x-ray devices in terminals to inspect passenger baggage constitutes initiation of a new policy, requiring notice pursuant to the Administrative Procedure Act, as the use of x-ray devices ...

The Department of Environmental Resources (DER) unsuccessfully challenges through contempt proceedings that failure of the Pennsylvania Power Co. (PPC) to meet regulations stipulating acceptable levels of sodium dioxide (SO2) emissions. The Commonwealth Court finds that to hold PPC in contempt would...

The court issues a mandatory injunction requiring the defendant to remove a permanent bridge which he constructed across a tributary of the impounded Cumberland River without seeking a permit pursuant to the Rivers and Harbors Act of 1899. The authority of the United States over navigable waters ext...

The District Court of Rhode Island enjoins the Army Corps of Engineers from dumping spoil dredged from the Providence River at an ocean site off Newport for failure to obtain necessary permits according to the procedures of the Marine Protection, Research, and Sanctuaries Act (MPRSA). That the propo...