The Fifth Circuit Court of Appeals dismisses for lack of jurisdiction a petition for review of an Environmental Protection Agency (EPA) order subjecting the oil and waste heat powered cogeneration boilers of a recently constructed power plant to the new source performance standards for fossil fuel-f...
The court affirms a lower court's imposition of a $3,700 civil penalty on defendant for marketing 37 motor vehicles in violation of §203(a) of the Clean Air Act. Section 203(a)(1) of the Act provides that only vehicles covered by a "certificate of conformity" may be distributed in interstate commer...
The court upholds the Nuclear Regulatory Commission's (NRC's) denial of petitioner's request to revoke the license of the Morris, Illinois, nuclear fuel reprocessing plant, as well as its decision not to institute a proceeding to consider that request. Neither the Atomic Energy Act, the Administrati...
The court finds that defendants have violated §§301 and 404 of the Federal Water Pollution Control Act by discharging pollutants (dredged materials) without a permit from the Corps of Engineers, enjoins further construction of two levees and a drainage ditch, and orders restoration of a freshwater...
The Florida Supreme Court holds those portions of the state's Environmental Land and Water Management Act which provide for administrative designation and regulation of areas of critical state concern invalid as an unconstitutional delegation of legislative authority. The court rules that the statut...
The court denies plaintiffs' motion for a preliminary injunction to prevent Exxon Corp. from drilling an exploratory oil well on a man-made gravel pad in the Beaufort Sea less than one mile from the Alaska coast. Plaintiffs claimthat the Coprs of Engineers permit for construction of the gravel pad u...
The court denies plaintiffs' request for declaratory and injunctive relief barring allegedly illegal ex parte communications between defendant Secretary of the Interior and defendant members of the Council of Economic Advisors regarding rulemaking to implement the Surface Mining Control and Reclamat...
The court enjoins further work on the installation of two oil drilling and production platforms in the Sanata Barbara Channel until the Department of the Interior complies with the National Environmental Policy Act by providing a statement of reasons for its determination that a site-specific enviro...
The court dismisses a suit seeking to compel defendants to prepare an environmental impact statement (EIS) before issuing a mineral patent for 12 mining claims in the Black Hills National Forest. The court determines that the agency's decision not to prepare an EIS was not unreasonable because the S...
Affirming the lower court's decision, 7 ELR 20502, the Ninth Circuit Court of Appeals holds that the failure by the Secretary of the Interior to take action to halt a program by the state of Alaska to kill wolves on federal land in order to protect a caribou herd is not federal action requiring prep...