The district court rules that a regulation promulgated pursuant to the Marine Mammal Protection Act (MMPA) authorizing the placement of federal observers on tuna fishing vessels violates the MMPA and the Fourth Amendment. Under the regulation, federal observers are stationed aboard tuna vessels to c...

The court holds that an application for Interstate Commerce Commission (ICC) approval of a railroad abandonment is subject to consistency review under §307 of the Coastal Zone Management Act (CZMA). The court finds that the text and the legislative history of the Act indicate Congress' intention to...

The court holds that the Department of Transportation complied with the National Environmental Policy Act and the Department of Transportation Act in deciding to construct a connecting highway between I-84 and I-86 in Connecticut. First, the court rules that the connector will have independent utili...

The Supreme Court of Connecticut holds that a decrease in the amount of land which appellant has been permitted to develop does not constitute an unconstitutional taking of appellant's land. Appellee denied appellant's application for a permit to conduct a regulated activity on a tract of land which...

The court upholds the Secretary of the Interior's approval of the Comprehensive Management Plan (CMP) for the New Jersey Pinelands National Reserve and rejects challenges to the environmental impact statement (EIS) for the plan. The court first notes that the purpose of judicial review of an EIS is ...

The court invalidates a township zoning ordinance to the extent that it prohibits recreation as a primary use of shorefront property. It finds that the public trust doctrine and state laws and regulations concerning coastal areas manifest a public policy to encourage greater access to ocean beaches ...

The Fifth Circuit Court of Appeals affirms in part and remands in part the Environmental Protection Agency's (EPA's) final effluent guidelines for the oil and gas extraction point source category, which were promulgated pursuant to §301 of the Federal Water Pollution Control Act (FWPCA). The court ...

The court affirms a district court's holding, 9 ELR 20041, that the California Department of Transportation (CalTrans) may not impose a flight curfew at San Diego's Lindbergh Field. The Supreme Court has ruled that the Federal Aviation Act and the Noise Control Act give the federal government full c...

The court denies the Administrator of the Environmental Protection Agency's (EPA's) request for a two-year extension of time to promulgate hazardous waste land disposal regulations under §3004 of the Resource Conservation and Recovery Act (RCRA). The court had previously granted EPA four extensions...

The court rules that the D.C. Circuit has exclusive jurisdiction to review the Environmental Protection Agency's (EPA's) suspension of Resource Conservation and Recovery Act (RCRA) regulations establishing operating standards for new and existing hazardous waste incinerators and surface impoundment ...