The court reverses the Environmental Protection Agency's (EPA's) denial of petitioner's request for an adjudicatory hearing regarding the Agency's refusal to renew petitioner's national pollutant discharge elimination system permit. In requesting the hearing, petitioner claimed that its facility was...

The court affirms in part and reverses in part the decision of the district court, 7 ELR 20078, which granted summary judgment in favor of defendants on plaintiff's challenge to flood control projects in the Missouri River Basin. The district court is affirmed in its interpretation of the discretion...

The court affirms an order of the Administrator of the Environmental Protection Agency (EPA) accepting the voluntary cancellation of a registration to produce the pesticide Mirex and to suspend hearings on the cancellation, ruling that under the Federal Insecticide, Fungicide, and Rodenticide Act (F...

The court upholds the lower court's issuance, 8 ELR 20807, of an injunction against construction of a reregulating dam on the Kootenai River below the Libby Dam, but lifts the injunction insofar as it restrains the addition of generating units to the latter dam. The court agrees with appellees that ...

The Fifth Circuit Court of Appeals sets aside the Environmental Protection Agency's (EPA's) designation of nonattainment areas in Alabama pursuant to §107(d) of the Clean Air Act after determining that the Agency failed to follow the procedures required by the Administrative Procedure Act (APA). Al...

The court remands a designation by the Administrator of the Environmental Protection Agency (EPA) of four areas of Pennsylvania as nonattainment because the air in those areas does not meet the national ambient air quality standards. As part of the process leading to the preparation of a state imple...

The court rejects substantive and procedural challenges to a decision by the Administrator of the Environmental Protection Agency to exempt the Seabrook Nuclear Power Plant from applicable thermal discharge limitations pursuant to §316 of the Federal Water Pollution Control Act. After his initial d...

The court of appeals upholds the Federal Communications Commission's (FCC's) denial of a request that an environmental impact statement (EIS) be prepared concerning an increase in the tariff for long lines communications facilities shared by automotive salvage yards. The defendant's regulations requ...

The court upholds the Airborne Hunting Act as a constitutional exercise of federal power under the Commerce Clause. Defendants, who had been charged with violations of the Act for using a helicopter while hunting coyotes, challenged the constitutionality of the Act on the ground that the Tenth Amend...

The court declares the Airborne Hunting Act of 1971 unconstitutional because it violates the states' reserved power to regulate fish and wildlife and dismisses one count of a criminal information filed against defendants. Defendants, who were charged with violating the Act by engaging in airborne hu...