Affirming the district court, 11 ELR 20124, the Eighth Circuit Court of Appeals upholds the constitutionality of the Boundary Waters Canoe Area Wilderness Act. Although §4 of the Act prohibits or strictly regulates the use of motorboats and snowmobiles on all lands within the boundaries of the wild...
The Sixth Circuit Court of Appeals reverses the district court's decision, 11 ELR 20041, and rules that appellee is required to exhaust its administrative remedies under §525 of the Surface Mining Control and Reclamation Act (SMCRA) before seeking judicial review under §526 of the Act. Appellee so...
The district court denies plaintiff's motion for a preliminary injunction barring the Air Force from conducting nonnuclear test explosions in Nye County, Nevada, relating to the MX missile system until it complies with the National Environmental Policy Act. Defendants, after completing an environmen...
The district court denies the government's motion for a preliminary injunction in a suit seeking the cleanup of a hazardous waste disposal site, ruling that an order compelling defendants to study the leachate emanating from the landfill and to provide an alternate water supply to the owners of priv...
The court affirms the district court's holding, 11 ELR 21023, that appellant's failure to complete timely a sewer separation project violated a national pollutant discharge elimination system permit issued by the state of Michigan.
Counsel are listed at 11 ELR 21023.
Before Brown, Martin, and Ceci...
The Fifth Circuit Court of Appeals rules that the Environmental Protection Agency (EPA) lawfully and reasonably granted conditional approval of Texas' revised state implementation plan (SIP) for several nonattainment areas under the Clean Air Act. Texas, pursuant to the 1977 amendments to the Act, s...
The Fifth Circuit Court of Appeals holds that the district court lacked jurisdiction to review the Environmental Protection Agency's (EPA's) conditional approval of the Texas revised state implementation plan (SIP) and that §113(a) of the Clean Air Act does not impose a mandatory duty on EPA to mak...
The Ninth Circuit Court of Appeals reverses two district court opinions that held that California's Warren-Alquist Act, which imposes regulatory requirements upon nuclear and other electrical generating plants, is preempted by the Atomic Energy Act. Before turning to the merits, the court rules that...
Affirming the opinion of the district court, 11 ELR 20558, the Ninth Circuit Court of Appeals holds that under §114(a)(2) of the Clean Air Act the Environmental Protection Agency (EPA) is authorized to use non-Agency employees in making inspections of stationary sources. Looking to the plain meanin...
Following the Supreme Court's reversal, 10 ELR 20353, of its initial negative jurisdictional determination, 9 ELR 20086, the Fifth Circuit Court of Appeals rules that the Environmental Protection agency (EPA) imporperly applied its new source performance standards for fossil fuel-fired steam generat...