The court affirms the issuance of an injunction restraining certain Indian fishermen from commercial fishing in the Michigan waters of the Great Lakes except in compliance with the rules and regulations of the Michigan Department of Natural Resources. The trial court's findings establish conclusivel...
The court invalidates Interior Department regulations issued pursuant to the Eagle Protection Act and the Migratory Bird Treaty Act that prohibit the sale of parts of birds protected by the two statutes even though they were obtained prior to enactment of the statutes. Plaintiffs are dealers in Amer...
The United States Supreme Court reverses a lower court's decision, 9 ELR 20787, invalidating Interior Department regulations that prohibit the sale of parts of birds obtained before they came under the protection of the Migratory Bird Treaty Act and the Eagle Protection Act. The Court rules that bot...
The New York Court of Appeals reverses a lower court's order which directed the state Commissioner of Environmental Conservation either to issue a permit under the state Freshwater Wetlands Act for the extraction of humus and sand from privately owned wetlands or to initiate condemnation proceedings...
The Tenth Circuit Court of Appeals affirms a lower court's order denying a motion for a preliminary injunction against the termination of Amtrak passenger rail service on three routes pursuant to a plan prepared by the Secretary of Transportation. The district court ruled plaintiffs' claim that the ...
The Delaware Supreme Court upholds the state legislature's delegation via the Beach Preservation Act of 1972, 7 DEL. CODE ANN. ch. 68, to the Department of Natural Resources and Environmental Control (DNREC) of the authority to regulate residential construction on private beaches. The trial court ha...
In three separately authored opinions, the court enlarges upon and modifies to some extent the rulings in its earlier per curiam decision, 9 ELR 20400, on the validity of various portions of the Environmental Protection Agency's (EPA's) regulations for the prevention of significant deterioration (PS...
The United States Supreme Court reverses a decision of the Ninth Circuit Court of Appeals and holds that the federal government's attempt to require that the public be given access to a privately constructed marina amounted to a taking of property without compensation in violation of the Fifth Amend...
The court denies requests by three plaintiffs for preliminary injunctive relief against the sale of oil and gas exploration leases to tracts of the outer continental shelf in the Beaufort Sea near Alaska. The court first concludes that plaintiffs are likely to succeed on the merits of their claims t...
The court vacates and remands the Environmental Protection Agency's (EPA's) approval of the state of Connecticut's application to revise its air quality implementation plan by revoking its indirect source review program. EPA erroneously construed §110(a)(5)(A)(iii) of the Clean Air Act as requiring...