The court denies defendants' petition for rehearing. The petition had requested the court to modify its earlier grant of injunctive relief, under the Endangered Species Act of 1973, against an interstate highway project until changes are made which enable the Secretary of the Interior to conclude th...
The court finds constitutional a Hayward, California, ordinance that prohibited aircraft operations producing more than 75 decibels of noise at the municipal airport between 11:00 p.m. and 7:00 a.m. and refuses to enjoin its enforcement. The ordinance neither invades a field preempted by federal law...
The Ninth Circuit stays disbursement of federal funds for expenses incurred by the city of Los Angeles in constructing the Los Angeles dam until the district court has ruled on the adequacy of the recently-filed environmental impact statement for the project. The court declines to enjoin continued c...
The First Circuit affirms a lower court's dismissal for lack of jurisdiction of this action charging a federal installation with violating the municipal sewage system tie-in timetable contained in its National Pollutant Discharge Elimination System (NPDES) permit. Plaintiff failed to wait the requir...
In a suit brought to delay outer continental shelf (OCS) Lease Sale No. 39 covering more than one million acres under the Gulf of Alaska, the court denies plaintiffs' request for a judgment declaring the impact statement prepared by the Department of the Interior to be inadequate. After reviewing th...
The court upholds EPA's regulations for the prevention of the significant deterioration of air quality. The regulations, issued pursuant to Sierra Club v. Ruckelshaus, 2 ELR 20262, aff'd, 2 ELR 20656 (D.C. Cir.), 3 ELR 20684 (U.S.), provide for three classes of allowable incremental increases in par...
The magistrate denies a motion to dismiss a 32-count indictment brought under the Marine Mammal Protection Act for animal takings which occurred in Bahamian waters. The doctrine of objective territorial jurisdiction allows the United States to extend its criminal jurisdiction to reach extra-territor...
The Washington Supreme Court holds "clearly erroneous" a county planning director's threshold determination that preparation of an impact statement under the Washington Environmental Policy Act (WEPA) was not required in connection with the approval of two subdivision plats. Reports from a number of...
The court invalidates EPA regulations imposing strict vicarious liability on petroleum refiners for negligent acts of retailers that cause contamination of lead-free gasoline by leaded gasoline. Under §211(c)(1)(B) of the Clean Air Act, 42 U.S.C. §1857f-6c(c)(1)(B), ELR 41201, which allows the EPA...
The D.C. Circuit affirms the EPA Administrator's designation under §111 of the Clean Air Act, 42 U.S.C. §1847c-6, of asphalt concrete plants as stationary sources that significantly contribute to air pollution. See 38 Fed. Reg. 15380, 15406 (June 11, 1973); 39 Fed. Reg. 9307 (Mar. 8, 1974). EPA's ...