The incremental construction of four federally funded four-lane highway segments and commitment to construct a fifth along New Hampshire Route 101, the main east-west route corridor in the southern part of the state, sufficiently imply federal participation in a planned four-lane limited-access high...
The Court of Appeals dismisses, for lack of jurisdiction, a petition for review of a portion of the Illinois implementation plan under §307 of the Clean Air Act, 42 U.S.C. §1857h-5, ELR 41226. Reichold Chemical filed this petition after an EPA notice of violation, contending that Rule 206 of the I...
The Administrator of the Environmental Protection Agency has the authority to promulgate single number effluent limitations for existing point sources under §301 of the Federal Water Pollution Control Act Amendments of 1972. In inferring the existence of such authority from the statutory structure,...
The government sues to collect $9,900 in civil damages for 19 admitted oil discharges in violation of §311 of the 1972 Federal Water Pollution Control Act Amendments, 33 U.S.C. §1321(b)(3), ELR 41116. Having promptly reported all said violations to authorities as required by §311(b)(5), 33 U.S.C....
The court affirms denial of a preliminary injunction against construction of an interstate highway around Shreveport, Louisiana. The record reveals that plaintiffs failed to prove that irreparable injury would occur absent injunctive relief. Construction bids have not yet been opened, and right-of-w...
The Environmental Protection Agency did not err in interpreting the Clean Air Act to require that national air quality standards be met, whenever possible, by continuous emission limitations such as stack gas scrubbers. Intermittent controls such as plant shutdowns or switching to low sulfur fuels, ...
The U.S. Navy is enjoined from transferring its Oceanographic Center from a suburb of Washington, D.C., to Bay St. Louis, Mississippi, until a new final environmental impact statement has been prepared. Plaintiffs, a number of naval oceanographic employees who do not wish to move to Mississippi and ...
The court refuses a preliminary injunction against bidding for oil exploration leases, offered for sale by the Department of the Interior, on Outer Continental Shelf lands off the coast of Southern California. Plaintiffs have failed to demonstrate any likelihood of success on the merits of their NEP...
The United States brought a non-jury action under §11(b)(5) of the Federal Water Pollution Control Act of 1970, 33 U.S.C. §1161(b)(5), to collect an administrative fine assessed by the Coast Guard, and to recover actual costs of $763.50 for the removal of oil spilled by defendant's vessel in the O...
The court grants summary judgment for the United States in its challenge to California State Water Resources Control Board's Decision 1422, which imposed conditions on the federal Bureau of Reclamation's permit for appropriating water to fill the reservoir created by the New Melones Dam. The conditi...