The Eleventh Circuit upholds the district court's injunction, 12 ELR 21102, against further filling of wetlands without a permit required pursuant to §404 of the Federal Water Pollution Control Act (FWPCA). The court notes that the Corps of Engineers' §404 regulations define the term "waters of th...

The court affirms a lower court decision, 12 ELR 20671, overturning a state air pollution opacity standard and the Pollution Control Board's denial of an operating permit renewal to Celotex based on alleged noncompliance with that standard. The court first rules that §29 of the Illinois Environment...

The court rules that the portions of the preliminary version of the Nuclear Regulatory Commission's (NRC's) draft environmental impact statement (EIS) for the decommissioning of a radioactive thorium manufacturing plant that reflect the government's policymaking process are exempt from disclosure un...

The district court remands the Army Corps of Engineers' issuance of a dredge and fill permit pursuant to §404 of the Federal Water Pollution Control Act (FWPCA), ruling that the Corps failed to comply with the requirements of the Environmental Protection Agency (EPA) §404(b)(1) guidelines and its ...

The court rules that under §189(a) of the Atomic Energy Act (AEA), the Nuclear Regulatory Commission (NRC) need not hold a formal, trial-type hearing on a challenge to a proposed amendment to a materials license allowing the demolition of a thorium processing plant and temporary storage of off-site...

The Supreme Court rules that the doctrine of equitable apportionment is applicable to a dispute over allocation of anadromous fish in the Columbia Basin, but finds that the state of Idaho has failed to prove sufficient injury to warrant an equitable decree. Holding the fish resource analogous to wat...

The court rules that the penalty prepayment provisions of §518(c) of the Surface Mining Control and Reclamation Act (SMCRA) do not violate Fifth Amendment due process requirements. Section 518(c) requires prepayment of penalties into escrow as a condition of administrative review of SMCRA penalty a...

The court rules that the Environmental Protection Agency's (EPA's) deferral of the obligation to submit Part B permit applications for incinerators and storage impoundments under the Resource Conservation and Recovery Act (RCRA) constituted a suspension of a regulation without notice and comment in ...

The court upholds Boston Air Pollution Control Commission regulations limiting off-street parking. Plaintiff wished to relocate its downtown off-street parking operations, but under the challenged regulations could not transfer its permit from the old lot to the new. The court first holds that becau...

The district court rules that the Court of Appeals for the D.C. Circuit has exclusive jurisdiction under §307 of the Clean Air Act to review the Environmental Protection Agency's (EPA's) approval of an automobile nitrogen oxide (NOx) emissions "offset" plan. EPA had authorized General Motors Corp. ...