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Rockaway Valley Regional Sewerage Auth. v. Gorsuch

Following its denial of plaintiff's motion for injunctive relief, 11 ELR 21101, the district court stays further proceedings in an action seeking a $44 million federal construction grant for completion of a wastewater treatment facility, pending resolution of a related case in state court. The court...

Rockaway Valley Regional Sewerage Auth. v. Gorsuch

The district court denies plaintiff's application for preliminary relief restraining defendants from issuing federal construction grant awards to other New Jersey sewage treatment projects that would reduce the available share of such funds to less than $44 million. Plaintiff seeks a $44 million con...

SED, Inc. v. Dayton, City of

The court refuses to enjoin defendant's suit in state court seeking to enforce city of Dayton ordinances prohibiting the storage of polychlorinated biphenyls (PCBs) within the city limits. The court denies defendant's motion to dismiss, ruling that (1) it has diversity jurisdiction, (2) the minimum ...

SED, Inc. v. Dayton, City of

The court denies defendant's motion to dismiss on abstention grounds a suit seeking to enjoin defendant from enforcing city ordinances regulating hazardous wastes. The court concludes that defendant failed to demonstrate that the case involves sufficiently exceptional circumstances to warrant absten...

SED, Inc. v. Dayton, City of

The court rules that the city of Dayton's ordinances regulating polychlorinated biphenyl (PCB) disposal are excepted from preemption under the Toxic Substances Control Act (TSCA) as proper under the Federal Water Pollution Control Act (FWPCA). Plaintiffs sought to have the ordinances declared uncons...

Onondaga Landfill Sys., Inc. v. Flacke

The court rules that a Department of Environmental Conservation (DEC) regulation, which requires consideration of associated actions in determining if an environmental impact statement (EIS) is required for a project, is neither arbitrary nor capricious. DEC had determined that petitioner's mining p...

Balelo v. Klutznick

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...

Southern Pac. Transp. Co. v. California Coastal Comm'n

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...

National Wildlife Fed'n v. Lewis

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...

Manor Dev. Corp. v. Conservation Comm'n of Simsbury

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...