The court dismisses plaintiff's jurisdictional challenge to an Environmental Protection Agency (EPA) enforcement order on grounds of failure to exhaust administrative remedies.EPA ordered plaintiff to cease discharging pollutants into navigable waters and dredging or filling wetlands without obtaini...
The court reverses the district court's ruling, 11 ELR 20166, that only the District Court for the District of Columbia has jurisdiction to hear a challenge to regulations issued under the Surface Mining Control and Reclamation Act (SMCRA) prohibiting mining within 100 feet of any cemetery. Appellan...
The court rejects a challenge to the Environmental Protection Agency's (EPA's) new source performance standards (NSPS) for steel mills. In 1974, under §111 of the Clean Air Act, EPA promulgated NSPS that governed only stack particulate emissions and not fugitive emissions from new steel mills emplo...
The appellate court rules that under North Carolina's Environmental Policy Act the North Carolina Environmental Management Commission was required to prepare an environmental impact statement (EIS) prior to issuing a certificate authorizing the Orange Water and Sewer Authority to proceed with constr...
The court rules that the denial of a residential development permit in a mangrove wetland does not violate the Takings Clause of the Fifth Amendment. The Florida Land and Water Adjudicatory Commission upheld a denial of respondents' application for a permit because of the environmental impact of dev...
Affirming in part and reversing in part the decision of the district court, 11 ELR 20242, the circuit court orders the entry of a preliminary injunction against construction of portions of the Tennessee-Tombigbee Waterway (TTW) pending supplementation of the project's environmental impact statement ...
The Court of Claims reverses the trial court and holds that the United States Forest Service's (USFS') cancellation of a timber contract because of anticipated environmental damage constitutes a breach for which the government is liable in damages. Under the terms of the contract, plaintiff agreed t...
The district court holds that it lacks subject matter jurisdiction over a suit brought by an Australian conservation group to halt mining and refining operations being conducted in Western Australia by American corporations and their affiliates. The court lacks subject matter jurisdiction under 28 U...
The court denies a motion for a preliminary injunction against the Navy's selecton of a parkland site for construction of a hospital. Under the Ninth Circuit Court of Appeal's tripartite test for deciding preliminary injunction requests in cases challenging compliance with the National Environmental...
The District of Columbia Circuit Court of Appeals rules that the Secretary of the Interior's preparation of the five-year oil and gas leasing program for the outer continental shelf (OCS) violated §18 of the Outer Continental Shelf Lands Act (OCSLA). Initially, the court determines that, based upon...