The court invalidates and remands the Environmental Protection Agency's (EPA's) best conventional pollutant control technology (BCT) regulations for "conventional" water pollutants on the ground that the Agency failed to conduct a cost-effectiveness test mandated by §304(b)(4)(B) of the Federal Wat...
Adopting the recommended decision of a magistrate, the district court rules that the New York Liquified Natural and Petroleum Gas Act (New York Act), N.Y. ENVIR. CONSERV. LAW §§23-701 et seq. (McKinney), is not preempted by the Natural Gas Act, 15 U.S.C. §§717 et seq., or the Natural Gas Pipelin...
The Sixth Circuit Court of Appeals affirms the district court's ruling, 9 ELR 20413, that the National Environmental Policy Act (NEPA) did not require the United States Fish and Wildlife Service (FWS) to prepare an environmental impact statement (EIS) before listing seven species of mollusks as enda...
Affirming the distirct court, 10 ELR 20555, the District of Columbia Circuit Court of Appeals holds that the Federal Land Policy and Management Act of 1976 (FLPMA) does not establish federal reserved rights in water courses appurtenant to lands administered by the Bureau of Land Management. Reserved...
The Court denies defendants' motion for a protective order covering materials obtained through discovery in the government's action for damages for violations of anti-pollution laws and for common-law nuisance in Love Canal, New York. Defendants' proposed order would require that they receive 10 day...
Affirming the district court's dismissal of appellants' complaint alleging unlawful operation and regulation of the Arkansas Nuclear One power plant, the Eighth Circuit Court of Appeals rules that the district court lacked jurisdiction over the federal and state statutory claims and that the complai...
The Second Circuit Court of Appeals affirms the district court's dismissal, 8 ELR 20438, of appellants' claim that the burning of high-sulfur oil at a New York generating station constitutes a nuisance under federal common law. In light of Supreme Court precedent holding that the federal common law ...
The court affirms a holding that a city of Akron ordinance creating a monopoly over the collection and recycling of solid waste is lawful under the Constitution and the antitrust laws. The ordinance, which requires that all combustible and recyclable solid waste collected in the city be delivered to...
The appellate court vacates the district court's summary judgment, 10 ELR 20206, holding that the Department of the Interior may delay preparation of a comprehensive environmental impact statement (CEIS) covering all proposed federal water projects in the Colorado River Basin and remands the case to...
Reversing the trial division's grant of summary judgment, the Court of Claims rules that the Army Corps of Engineers' denial of a permit to construct a pier on a private island may constitute a taking under the Fifth Amendment. Plaintiff, owner of a 160-acre island in the Florida Keys, sought a dred...