In a suit brought by the United States seeking an order requiring removal of fences impairing public access to beach property owned by a municipality and leased to defendant, the court grants plaintiff's motion for summary judgment and denies defendants' counterclaim. Since there are no issues of ma...

The court denies a motion to dismiss a suit by the United States seeking civil penalties and an injunction against further waste water discharges from defendant's sewage treatment plant in violation of its national pollutant discharge elimination system (NPDES) permit. The court rejects defendant's ...

The parties agree to dismiss without prejudice this suit to compel compliance by defendant Export-Import Bank with the requirements of the National Environmental Policy Act (NEPA). The president has issued Executive Order No. 12114 concerning actions to be taken by federal agencies to further enviro...

The court denies a petition for review of the granting by the Nuclear Regulatory Commission (NRC) of a permit for construction of a nuclear power plant. Petitioner's argument that the Atomic Safety and Licensing Appeal Board violated the National Environmental Policy Act (NEPA) by failing to conside...

The Third Circuit affirms a lower court's denial of defendant's motion to dismiss for lack of jurisdiction a citizen suit under the Clean Air Act alleging violations of the Pennsylvania air quality implementation plan. The court rejects defendant's contention that the suit is barred by the Act's pro...

The court grants plaintiffs' motion for summary judgment and declares a California statute which conditions state certification of nuclear power plants on federal approval of nuclear waste disposal technology represents an unconstitutional invasion of an area of regulation preempted by federal law. ...

The Eighth Circuit Court of Appeals reverses a district court judgment, 8 ELR 20625, which enjoined the Environmental Protection Agency (EPA) from instituting an enforcement action against a utility for violating sulfur oxide emission limitations in the Missouri state implementation plan (SIP) pendi...

The court denies a petition to review the Environmental Protection Agency's (EPA's) approval of a revision of the Ohio air quality implementation plan exempting two soon-to-be-retired power plant boilers from emissions limitations for particulates. Holding that formal rulemaking was not required to ...

The first Circuit Court of Appeals lifts a preliminary injunction, 8 ELR 20187, restraining the Secretary of the Interior from proceeding with a planned sale of oil and gas development leases for outer continental shelf (OCS) lands off the coast of New England. The court finds that injunctive relief...

The court dismisses an action by the federal government to block construction of five high-rise buildings in Virginia across the Potomac River from Washington, D.C., ruling that plaintiff has failed to prove that the visual intrusion of the structures upon the national parks and monuments in Washing...