The court dismisses a barge operator's claim for reimbursement of oil spill cleanup costs under §311 of the Federal Water Pollution Control Act. Section 311(i)(1)(A) entitles a spiller to recover its cleanup costs from the government if the spill was caused "solely" by "an act of God." Relying on l...

The court holds that the State of California's ban on the importation and sale of products made from endangered species is constitutional and is not preempted by the Endangered Species Act (ESA) or the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Initially...

The Second Circuit orders the district court to issue a preliminary injunction against the demolition of the Helen Hayes and Morosco Theaters in New York City pending final disposition of appellants' claims based on state and federal historic preservation law. The court rules that appellants have me...

The district court remands for revision the Environmental Protection Agency's (EPA's) ocean dumping permit regulations promulgated pursuant to the Marine Protection, Research, and Sanctuaries Act (MPRSA). In a prior ruling, 11 ELR 20763, the court held that ocean dumping of sewage sludge may continu...

The district court dismisses the state of New Jersey's lawsuit seeking a declaration that provisions of the New Jersey Spill Compensation and Control Act (SCCA) are not preempted by §114(c) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The SCCA authorizes th...

The district court issues a temporary restraining order prohibiting certain mining activities within the Misty Fjords National Monument in Alaska. The U.S. Forest Service allowed U.S. Borax to begin the mining activities, which are identical to those described in U.S. Borax's 1979 Bulk Sampling Stud...

The court rules that §503(h) of the Alaska National Interest Lands Conservation Act (ANILCA) requires the U.S. Forest Service to prepare an environmental impact statement (EIS) before approving amendments to the bulk sampling phase of U.S. Borax's plan of operations for mining activities within the...

The district court rejects challenges to §204(e) of the Federal Land Policy and Managment Act (FLPMA) as it was relied upon by the House Interior and Insular Affairs Committee in ordering the Secretary of the Interior to effect an emergency withdrawal of public lands. On June 1, 1981, in response t...

The court holds that environmental group litigants are entitled to attorney fees for their unsuccessful challenge to the Environmental Protection Agency's (EPA's) Clean Air Act §111 new source performance standards for coal-fired power plants. It first rules, relying on the plain meaning of $307(f)...

The District of Columbia Circuit, applying the standard it enunciated in Sierra Club v. Gorsuch, 12 ELR 20213, grants in part and denies in part petitions for recovery of attorney fees and court costs under §307(f) of the Clean Air Act. The court denies the environmental groups' requests for attorn...