The Sixth Circuit Court of Appeals affirms appellant's criminal conviction, 9 ELR 20700, for discharging toxic pollutants into the sewers of Louisville, Kentucky, in violation of §§301, 307, and 309 of the Federal Water Pollution Control Act (FWPCA). In accordance with §309(c)(1) of the FWPCA, ap...

The court rules that negligent third parties may be held liable to the United States for oil sill cleanup and wreckage removal costs under the Federal Water Pollution Control Act (FWPCA) and the Wreck Removal Act. The United States sued the owner/operator of a private security company that patrolled...

Denying a motion for a preliminary injunction, the court rules that the Environmental Protection Agency's (EPA's) decision not to prepare an environmental impact statement (EIS) for a sewage treatment project in Morris County, New Jersey, was neither arbitrary, capricious, nor unreasonable and thus ...

The Supreme Court dismisses an appeal from a California decision regarding municipal liability for inverse condemnation by means of a zoning ordinance because there was no final judgment from the court below. Appellant's nuclear power plant site was zoned by appellee city for industrial or agricultu...

The court upholds the Environmental Protection Agency's (EPA's) standards governing particulate emissions and its waiver of the nitrogen oxides emissions standard for light-duty diesel vehicles. The Clean Air Act sets specific emissions standards for certain classes of vehicle pollutants and authori...

The court rules that the district court has jurisdiction to order the Administrator of the Environmental Protection Agency (EPA) to issue parts certification and maintenance instruction regulations as required by §207 of the Clean Air Act. The district court had enjoined EPA from enforcing the Emis...

Affirming the decision of the Ninth Circuit Court of Appeals, 10 ELR 20456, the Supreme Court holds that revenues received from oil and gas leases on national wildlife refuges reserved from public lands must be distributed according to the formula of the Mineral Leasing Act of 1920 (MLA) rather than...

Affirming the judgment of the district court, 10 ELR 20938, the Seventh Circuit Court of Appeals rules that Congress is constitutionally empowered to regulate surface coal mining operations producing coal solely for intrastate sale and that representatives of the Department of the Interior need not ...

The court rules that a programmatic environmental impact statement (EIS) is not required for a series of federal highway projects in Appalachia. The highways were conceived in 1965, and rudimentary route outlines were prepared in 1966, prior to passage of the National Environmental Policy Act (NEPA)...

The court affirms in part and remands in part the lower court's decision not to enjoin weapons storage, training, and bombing activities of the United States Navy on the island of Vieques, a municipality of Puerto Rico. The Commonwealth of Puerto Rico alleged that the Navy's activities in and around...