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Lakewood, City of v. Colfax Unlimited Ass'n

The court invalidates a Lakewood, Colorado, billboard ordinance on First Amendment and equal protection grounds. Initially, it rules that appellees, owners and users of commercial signs, lack standing to challenge the Lakewood Sign Code's definition of "sign," in the context of its time, place, mann...

Lee v. Bergland

The court upholds the dismissal of a claim that the United States Forest Service (USFS) violated the National Environmental Policy Act (NEPA) and its own regulations by denying appellants' request for renewal of a residence permit without preparing an environmental report. It notes that courts have ...

Smithwick v. Alexander

The court affirms the district court's holding that the Army Corps of Engineers properly denied appellant's application for a permit under §404 of the Federal Water Pollution Control Act to fill a wetland. The Corps' determination that appellant's land is a wetland and that the proposed development...

Kerr-McGee Nuclear Corp. v. NRC

The Tenth Circuit upholds regulations promulgated by the Nuclear Regulatory Commission (NRC) pursuant to Title II of the Uranium Mill Tailings Radiation Control Act (UMTRCA) that establish technical and financial criteria governing the regulation of uranium mills and uranium mill tailings. Rejecting...

Natural Resources Defense Council v. New York, City of

In a suit seeking an injunction against the demolition of two historic theaters in New York City, the district court grants defendants' motions for dismissal or summary judgment on all but one of plaintiffs' substantive calims, and denies a request for injunctive relief. The court first rejects plai...

Natural Resources Defense Council v. New York, City of

After summarily rejecting, 12 ELR 20446, the bulk of plaintiffs' claims in a case seeking an injunction against the demolition of two historic theaters in New York City, the court rejects plaintiffs' final claim that ex parte contacts unlawfully influenced the determination of the Advisory Council o...

Natural Resources Defense Council v. New York, City of

The Second Circuit affirms two orders of the district court, 12 ELR 20182, 20446, denying appellants' motions for a preliminary injunction against the demolition of two historic theaters in New York City. The designation of one of the disputed theaters as eligible for listing on the National Registe...

Sierra Club v. Peterson

The court upholds defendants' determination not to prepare an environmental impact statement for oil and gas leases issued in the "Palisades" RARE II further planning area in the Targhee and Bridge-Teton National Forests of Idaho and Wyoming. Initially, the court rules that the action is not barred ...

Sierra Club v. Gorsuch

The court rules that the Environmental Protection Agency (EPA) violated §112 of the Clean Air Act by failing to promulgate emission standards for radionuclides and orders the Agency to prepare a proposed schedule for issuance of the standards. Under §112, EPA shall, within 180 days of placing any ...

United States v. Kin-Buc, Inc.

The court rules that the Clean Air Act preempts the federal common law of nuisance as it applies to air pollution emanating from a hazardous waste disposal site. The court first notes that the federal common law of nuisance is supplanted where Congress speaks directly to a question. Although the Cle...