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Opinion of the Justices

In an advisory opinion requested by the state Senate, the Justices unanimously sustain the constitutionality of a bill that would authorize use of state motor vehicle and fuel tax revenues to construct and maintain commuter bikeways and bicycle parking facilities. The state constitution limits the u...

Appalachian Power Co. v. Train

Petitioners seek review, in an action brought under §509(b)(1) of the Federal Water Pollution Control Act Amendments of 1972 (FWPCA), 33 U.S.C. §1359(b)(1), of EPA regulations promulgated under §§301, 304, 306, and 316(a), 33 U.S.C. §§1311, 1314, 1316, and 1326(a), establishing effluent limita...

United States v. Eugene Sand & Gravel, Inc.

When the Willamette River breached its bank in 1971, defendant's property onto which it flowed became subject to the federal government's navigation servitude. Defendant was therefore required under the Rivers and Harbors Act of 1899 to apply for and obtain a Corps of Engineers permit before "repair...

National Renderers Ass'n v. EPA

The Eighth Circuit remands EPA's new source performance standards for rendering operations. EPA must reformulate the standards to take into account the reasonableness of the cost of the best available control technology and the relationship of the new source standards to the 1983 best available tech...

Minnesota Pub. Interest Research Group v. Butz

Dissolving the district court's injunction, 6 ELR 20133, the Eighth Circuit, sitting en banc, holds that the Wilderness Act does not prohibit logging in the Boundary Waters Canoe Area (BWCA) and that the NEPA impact statement discussing timber management in the BWCA is procedurally and substantively...

United States v. Cutter Labs., Inc.

Although EPA had not yet established effluent limitations or effluent limitation guidelines for defendant's industry pursuant to §§301(b) and 304(b) of the Federal Water Pollution Control Act, 33 U.S.C. §§1311(b) and 1314(b), ELR 41112-14, EPA issued defendent a National Pollutant Discharge Elim...

Patterson v. Exon

Federally funded reconstruction of a 4.1-mile portion of an 11-mile unpaved road which passes through a wooded public recreation area and near a fish hatchery is enjoined pending preparation of an adequate environmental impact statement. The Federal Highway Administration decision not to prepare an ...

American Petroleum Inst. v. EPA

Trade association and ten petroleum refiners challenged regulations at 40 C.F.R. pt. 419, issued by the Administrator of the Environmental Protection Agency pursuant to §§301 and 304 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §§1311 and 1314, ELR 41112-14, which est...

Air Pollution Variance Bd. of Colo. v. Western Alfalfa Corp.

The Colorado Supreme Court affirms a lower court's decision that due process requires an air pollution inspector to give notice of his inspection to the inspected plant reasonably soon after the completion of the inspection. Visual opacity tests that determine the particulate content of white smoke ...

Lloyd A. Fry Roofing Co. v. Air Pollution Variance Bd.

The Colorado Supreme Court vacates most of the $41,500 civil penalty levied against plaintiff but upholds an injunction prohibiting plaintiff from operating its plant without installing air pollution control devices. The civil penalties assessed for violations of air pollution control standards, cha...