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Associated Home Builders of the Greater East Bay v. Livermore, City of

The California Supreme Court upholds the city's building moratorium ordinance against challenges that it was illegally enacted by initiative, is unconstitutionally vague, and infringes on the right to travel, but remands for a determination at trial of whether the ordinance's exclusionary nature adv...

Hart v. Denver Urban Renewal Auth.

The Tenth Circuit affirms the trial court's injunction against sale of an historic department store tower in Denver for urban renewal purposes pending compliance with Department of Housing and Urban Development (HUD) regulations implementing the National Historic Preservation Act (NHPA) of 1966. Def...

Hill v. Tennessee Valley Auth.

Reversing the district court, 6 ELR 20583, the Sixth Circuit permanently enjoins further work on the Tellico Dam because completion of the project will violate §7 of the Endangered Species Act, ELR 41825, by destroying critical habitat of the snail darter, a fish listed by the Department of the Int...

Friends of the Earth v. Carey

The Second Circuit vacates a lower court decision that compelling New York City to implement and enforce transportation control strategies contained in the New York implementation plan by way of a judicial order in a citizen suit under §304 of the Clean Air Act would violate the city's rights under...

Wyoming v. Hoffmann

The state seeks a writ in the nature of mandamus and declaratory relief holding regulations promulgated by the Army Corps of Engineers and the Environmental Protection Agency pursuant to §404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §1344, ELR 41124, arbitrary and u...

Utah Power & Light Co. v. EPA

The court explains the rationale behind its earlier order granting the Environmental Protection Agency's (EPA's) motion to dismiss a petition for review of the agency's decision subjecting three power plants currently under construction to new source review under EPA's regulations regarding "signifi...

Commonwealth v. Bethlehem Steel Corp.

The court affirms a lower court order overruling appellant's preliminary objections to the petition of the Department of Environmental Resources (DER) seeking enforcement of a consent order relating to abatement of air pollution from two of appellant's coke ovens. The consent order entitled Bethlehe...

Gumley v. Board of Selectmen

In reviewing the authority of the state Historic District Commission, the court affirms the lower court decision that annulled the rejection of a proposed design for a development in an open area near the Old and Historic Nantucket District but reverses the lower court order that certificates of app...

Defenders of Wildlife v. Andrus

Granting plaintiff's motion for preliminary injunctive relief, the court enjoins the aerial killing of wolves by the state of Alaska on lands under the jurisdiction of the Bureau of Land Management (BLM) pending completion of an environmental impact statement pursuant to the National Environmental P...

Dalsis v. Hills

The court denies plaintiffs' motion for a preliminary injunction against construction of a shopping mall for which the Department of Housing and Urban Development (HUD) has determined an environmental impact statement (EIS) is unnecessary. Plaintiffs have standing to maintain this action since they ...