The court dismisses as not ripe for review petitions from steel and power companies and the city of Evansville challenging EPA's designation of certain areas in Indiana as "air quality maintenance areas" under §110 of the Clean Air Act. Petitioners are mistaken in contending that ripeness is not an...

The Court of Appeals directs a lower court to grant partial summary judgment for plaintiffs in a citizens suit under §304 of the Clean Air Act seeking enforcement of approved transportation control strategies for the New York City area contained in the New York state air quality implementation plan...

Maryland challenges EPA's issuance of a permit to Camden, New Jersey, for the continued ocean dumping of sewage sludge at a site off Cape May. The Marine Protection, Research and Sanctuaries Act requires the functional equivalent of environmental impact analysis in conjunction with permit issuance a...

In this class action challenging Forest Service management practices in Oregon's Bull Run Watershed, the court enjoins the continuation of large seale sustained-yield logging and recreation in the area as violative of the Bull Run Trespass Act, 42 U.S.C. §1862. The city of Portland derives its wate...

A three-judge district court holds the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§1331-40, unconstitutional as beyond the limits of a federal power. It cannot be sustained under either the Territorial Clause or the Commerce Clause. Under the common law, sovereign ownership of wild animal...

The Second Circuit refuses to allow interim licensing of mixed uranium and plutonium fuel for commercial use prior to completion of a generic environmental impact statement (GESMO) pursuant to NEPA. The Commission's November 11, 1975, decision to allow such licensing is judicially reviewable, since ...

The court holds that fishponds in Hawaii are private and not subject to the federal navigation servitude, but that when the defendants began using such a pond as a marina in interstate commerce, the pond became subject to regulation by the Corps of Engineers under the Rivers and Harbors Act of 1899,...

The Supreme Court, reversing a three-judge district court, 6 ELR 20509, declares that the Wild Free-Roaming Horses and Burros Act does not unconstitutionally infringe on state sovereignty over wildlife. Observing that the Property Clause of the United States Constitution gives broad power to the Con...

In a citizen suit brought under the Federal Water Pollution Control Act (FWPCA) to require EPA to regulate radioactive discharges, the Court holds that radioactive effluents from Ft. St. Vrain Nuclear Generating Station and Rocky Flats nuclear weapons plant are subject to regulation under the Atomic...

The Supreme Court holds that economic and technological infeasibility are not valid grounds for the review under §307(b)(1) of the Clean Air Act of the EPA Administrator's approval under §110(a)(2) of the Missouri implementation plan. Whether before or after lapse of the 30-day period specified in...