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...

The court invalidates regulations issued by the Department of Transportation (DOT) under the Hazardous Materials Transportation Act (HMTA) concerning the transportation of radioactive materials, insofar as the regulations overried nonfederal bans on truck transportation of spent fuel and other large...

The court denies a stay pending appeal of its ruling, 12 ELR 20268, that dams are subject to the national pollutant discharge elimination system (NPDES) permit program. Previously, the court ordered the parties to submit proposed schedules and timetables for regulating dams under the NPDES program. ...

For the second time, the court invalidates the Nuclear Regulatory Commission's (NRC's) "S-3 Table," a generic rule dictating how nuclear reactor licensing decisions take into account the environmental impacts associated with all stages of the nuclear fuel cycle, including the long-term handling and ...

The court levies $85,500 in civil penalties against the owner of a lumber treatment plant for violating the Michigan Environmental Protection Act (PEA), the Water Resources Commission Act (WRCA), and the common law of nuisance. Between 1970 and 1979, defendant spilled and pumped chemicals, including...

The court enjoins the construction of a landfill in connection with the Westway highway project in New York City, declaring inadequate the environmental impact statement (EIS) relied upon by the Corps of Engineers before issuing a permit for the landfill. Though there is no merit to plaintiffs' clai...

In a bench ruling, the court joins the Federal Highway Administration as a defendant and issues a preliminary injunction barring the agency from releasing federal funds for the Westway highway project in New York City. The court first grants plaintiff's motion to amend its complaint to add the U.S. ...

The court remands the Nebraska Department of Water Resources' issuance of a water appropriations permit to appellee for failure to comply with the Nongame and Endangered Species Conservation Act. Initially, the court determines that appellee's development of the proposed project and the Department's...

Revising a First Circuit decision, 11 ELR 20391, the Supreme Court holds that the Federal Water Pollution Control Act (FWPCA) does not require that discharges of pollutants to the nation's waters without national pollutant discharge elimination system (NPDES) permits be immediately enjoined since th...

The court rules thatthe Nuclear Regulatory Commission (NRC), before authorizing resumption of electric power production at the sister unit to the damaged Three Mile Island nuclear reactor, is required by the National Environmental Policy Act (NEPA) to consider potential harm to the psychological hea...