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Duke City Lumber Co. v. Butz

The court of appeals affirms summary judgment for defendants in this challenge to the Department of Agriculture's 1971 small business timber set-aside program guidelines. The district court's opinion, 5 ELR 20080, is adopted except insofar as it purported to rule on the question of the 50 percent pr...

Diamond Ring Ranch, Inc. v. Morton

The Tenth Circuit, reversing the district court, upholds the power of the Bureau of Land Management (BLM) to revoke grazing licenses, but affirms the lower court's approval of suspension of the revocation in this case, since the licensee's spraying of a herbicide on federal lands caused no real harm...

Figarsky v. Historic Dist. Comm'n

The Commission did not deprive the plaintiffs of property without just compensation by denying their application to demolish their house, which is located in Norwich historical district and screens the town green from an encroaching commercial district. The Commission's emergency meeting, at which t...

West Penn Power Co. v. Train

The court dismisses, on the basis of the Supreme Court's recent decision in Union Electric Co. v. EPA, 6 ELR 20570, an industry petition for review of the EPA Administrator's approval of the Pennsylvania air quality implementation plan. Petitioner mistakenly asserts that court of appeals review unde...

Committee for Humane Legislation v. Richardson

The court of appeals affirms a district court decision holding that National Marine Fisheries Service (NMFS) issuance of a general permit for taking porpoise incidental to tuna fishing operations did not comply with the Marine Mammal Protection Act, but stays the lower court's order, which halted fi...

California ex rel. State Water Resources Control Bd. v. EPA

Following the Supreme Court's reversal, 6 ELR 20563, of the court's earlier decision, 511 F.2d 963, 5 ELR 20213, the Ninth Circuit vacates its decision and upholds EPA's denial of the state's National Pollutant Discharge Elimination System (NPDES) application under the Federal Water Pollution Contro...

Wambat Realty Corp. v. Adirondack Park Agency

The court denies most of the plaintiffs' motion for summary judgment that the Adirondack Park Agency Act is unconstitutional per se and as applied as a taking without just compensation, but strikes down as an impermissible exercise of the police power a provision allowing local governments to zone l...

Ward v. Coleman

In an interlocutory order, the court denies plaintiff's motion to convene a three-judge court to hear its challenge to the Coast Guard's assessment of a $500 civil penalty pursuant to §311(b)(6) of the Federal Water Pollution Control Act Amendments of 1972 in connection with an oil spill reported b...

United States v. U.S. Steel Corp.

The court denies the United Steelworkers Union's motion to intervene in this Clean Air Act enforcement proceeding because the union's interest in worker employment is adequately represented by the defendant United States Steel. On June 9, 1975, plaintiff filed an action to enjoin operation of five o...

Wildlife Alive v. Chickering

Reversing a lower court, the California Supreme Court holds that the state Fish and Game Commission is not exempt from the California Environmental Quality Act of 1970 (CEQA), and in particular its environmental impact report (EIR) responsibilities. The suit had its origins in the failure of the Com...