The Fourth Circuit upholds water pollution regulations promulgated by the Environmental Protection Agency (EPA) for existing facilities in the coal industry, with the exception of certain clauses establishing variance criteria because they fail to require consideration of factors relating to best pr...

The court affirms the district court's dismissal, based on res judicata, of a suit challenging sales of oil and gas leases on the outer continental shelf (OCS) off southern California. In 1974, appellant sought to block appellees' accelerated OCS development program, particularly Lease Sale No. 35, ...

The court vacates a preliminary injunction issued by a district court, 9 ELR 20235, against enforcement of the Surface Mining Control and Reclamation Act of 1977. The injunction is invalid because the lower court, in reliance on established principles of equity, ruled that it was unnecessary to cons...

Plaintiffs sought to enjoin use of a United States Navy munitions and nuclear weapons facility at the Pearl Harbor Naval Base near Honolulu. Plaintiffs, residents of Honolulu who use the areas adjacent to the new facilities for recreational and residential purposes, asserted violations of the Nation...

The Ninth Circuit Court of Appeals rules that jurisdiction to review the application of Clean Air Act regulations to activities on the outer continental shelf (OCS) lies in the district court under §23 of the Outer Continental Shelf Lands Act (OCSLA), ELR STAT. & REG. 42466, rather than in the ...

The First Circuit Court of Appeals denies appellants' request for injunctive relief pending review of the district court's denial, 9 ELR 20764, of their request for a preliminary injunction against the opening or acceptance by the Secretary of the Interior of bids for outer continental shelf (OCS) o...

The Ninth Circuit Court of Appeals dismisses an appeal in a suit challenging the timing and adequacy of the programmatic environmental impact statement for the accelerated oil and gas leasing program for areas of the outer continental shelf off the southern California coast. Plaintiff has failed to ...

The court grants several motions to intervene in a suit challenging the legal sufficiency of the environmental impact statement (EIS) prepared as part of the Forest Service's Roadless Area Review and Evaluation (RARE II). RARE II is designed to inventory all of the approximately 62 million acres of ...

The court dismisses as premature petitions for review of the Environmental Protection Agency's (EPA's) revised national pollutant discharge elimination system (NPDES) regulations issued under the Clean Water Act. The petitions were filed before the date and time at which EPA specified the regulation...

After refusing to grant a stay, 9 ELR 20767, pending review of the district court's denial of preliminary injunctive relief against the sale of outer continental shelf oil and gas drilling leases in the Georges Bank region, 9 ELR 20764, the First Circuit Court of Appeals dismisses the appeal of the ...