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Penn Cent. Transp. Co. v. New York City

The New York Appellate Division reverses a lower court judgment and holds that the New York City Landmarks Preservation Law is constitutional as applied to Grand Central Terminal, over which plaintiffs intended to construct a 50-story office building. The Landmarks Preservation Commission's designat...

Union Elec. Co. v. EPA

The court of appeals lacks jurisdiction, under §307(b)(1) of the Clean Air Act, to consider a utility company's petition for direct review of the EPA Administrator's approval of that portion of the Missouri implementation plan which limits sulfur dioxide emissions. Assuming arguendo that petitioner...

North Anna Envtl. Coalition v. NRC

The D.C. Circuit affirms a decision of the Atomic Safety and Licensing Appeal Board, which held that discovery of an inactive geologic fault under a partially completed nuclear power plant required no changes in the plant's design specifications. The presence of the fault was discovered during excav...

Sun Enters., Ltd. v. Train

The court of appeals affirms a lower court's dismissal on jurisdictional grounds of a citizen suit challenge to the EPA Administrator's issuance of a National Pollutant Discharge Elimination System (NPDES) permit, and in addition denies as untimely a petition for direct review of the Administrator's...

North Carolina v. Federal Power Comm'n

The Federal Power Commission's (FPC) consideration of possible alternatives to a pumped storage hydroelectric facility on the New River, including energy conservation and inclusion of the river in the national wild and scenic rivers system, satisfies NEPA. Plaintiffs' objection that the FPC failed t...

United States v. Kepler

Defendant was convicted, inter alia, of violating the Endangered Species Act of 1973 by transporting a cougar and a leopard from Florida to Kentucky in December 1974 without the required permit. Seizure of his animals by agents of the Department of Interior and their interference with his attempted ...

Mid-Shiawasee County Concerned Citizens v. Train

The court grants summary judgment to the Environmental Protection Agency (EPA) in this action to review its decision not to prepare an environmental impact statement under the National Environmental Policy Act (NEPA) concerning approval of a sewage treatment plant construction grant under the Federa...

PROD, Inc. v. Train

An award of attorney fees is granted to plaintiff in a citizen suit which sought to require the EPA Administrator to issue proposed noise emission regulations called for by the Noise Control Act of 1972. The Act clearly provides the court with discretionary authority to grant attorney fees in citize...

National Wildlife Fed'n v. Coleman

Plaintiffs seek reversal of the lower court's dismissal, 5 ELR 20566, of this declaratory and injunctive action under the Endangered Species Act and Department of Transportation Act challenging a proposed interstate highway segment and interchange that would transect the habitat of the Mississippi s...

State v. Jersey Cent. Power & Light Co.

The state of New Jersey cannot collect damages for injury to public trust resources because of a fish kill which followed the pumping of cold water from one stream through defendant's temporarily shutdown nuclear power plant into another stream where the fish had been attracted by the plant's therma...