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Balelo v. Baldrige

The court upholds as consistent with the Marine Mammal Protection Act (MMPA) and the Fourth Amendment, a Department of Commerce regulation that allows the use in enforcement proceedings of data collected by government observers traveling with tuna fishermen. Fishermen must allow the government inspe...

United States v. Harford Sands, Inc.

The court rules that defendant is liable for failing to report results of emission tests ordered by the Environmental Protection Agency (EPA) under §114(a)(1) of the Clean Air Act. The court rules that unless the testing order was unreasonable, which defendant does not claim, defendant has no defen...

Midland Corp. v. Illinois Pollution Control Bd.

The court overturns a civil penalty assessed on the basis of petitioner's alleged economic benefit from delayed compliance with a state water pollution control law, ruling that it was based on improper and incompetent evidence. Initially, the court affirms the Pollution Control Board's finding that ...

Wasteland, Inc. v. Illinois Pollution Control Bd.

The court affirms respondent's finding that petitioners' solid waste landfill violated its permit and the Illinois Environmental Protection Act (IEPA) and upholds respondent's imposition of penalties. The court first rules that the hearing officer did not commit reversible error by limiting petition...

National Wildlife Fed'n v. U.S. Forest Serv.

The Court rules that the Forest Service (USFS) violated the National Environmental Policy Act (NEPA) by not preparing an environmental impact statement (EIS) and worst-case analysis for its seven-year action plan for sales of timber in the Mapleton District of the Siuslaw National Forest. The court ...

Ohio Power Co. v. EPA

The court holds that the administrative record supports the Environmental Protection Agency's (EPA's) previously remanded decision to use Pasquill-Gifford Class A coefficients in determining dispersion of sulfur dioxide emissions from power plants under least stable wind conditions in rural areas. F...

Sierra Club v. Corps of Eng'rs

The court holds that the district court was without authority to enjoin the state of New York from spending its own money on preliminary design and engineering work on the Westway highway project pending correction of federal agencies' National Environmental Policy Act (NEPA) violation. The court fi...

Illinois v. Milwaukee, City of

The court rules that in cases of interstate water pollution, the Federal Water Pollution Control Act (FWPCA) preempts state statutory and common law absent an express provision to the contrary. Consolidated cases are before the court, one on remand from the Supreme Court, Milwaukee v. Illinois, 11 E...

United States v. Riverside Bayview Homes, Inc.

The Sixth Circuit narrowly construes the Army Corps of Engineers' regulatory definition of "wetlands," issued pursuant to §404 of the Federal Water Pollution Control Act (FWPCA), to exclude areas with wetlands vegetation not dependent on surface water inundation. The federal government initiated a ...

League of Women Voters of Tulsa v. Corps of Eng'rs

The court rules that the National Environmental Policy Act (NEPA) does not require the Corps of Engineers to prepare an environmental impact statement (EIS) before signing a series of contracts with the city of Tulsa for water storage in the Oologah Reservoir because the storage rights were guarante...