Upon direct review of a determination of the Administrator of the Environmental Protection Agency (EPA) that the intervenor utility had met its burden of proof under §316 of the Federal Water Pollution Control Act (FWPCA) in seeking an exemption from applicable thermal discharge criteria in connect...

The court denies two petitions challenging the decision of the Administrator of the Environmental Protection Agency (EPA) to approve the state of Ohio's postponement of the attainment date in its state implementation plan (SIP) for the control of particulate emissions. Petitioner utilities do not ch...

The court affirms the decision of the Administrator of the Environmental Protection Agency (EPA) that a 1965 statute directing maximum feasible pollution control measures for Burns Waterway Harbor on Lake Michigan has no effect on the issuance of a national pollutant discharge elimination system per...

The court issues declaratory and injunctive relief restraining further construction on a 21-mile segment of proposed Interstate Highway 520, ruling that plaintiffs are entitled to summary judgment on their claim that the environmental impact statement (EIS) prepared for the project is inadequate und...

The court rejects defendants' motion to dismiss a suit challenging the Department of the Interior's national program of outer continental shelf (OCS) oil and gas lease sales and Lease Sale No. 35 off southern California in particular and gives plaintiffs leave to amend the complaint by deleting issu...

The court affirms the Department of Environmental Regulation's (DER's) denial of a fill permit application filed by owners of partially submerged lots, holding that DER has broad discretion to interpret a statute to require a determination of the effects on wildlife of proposed fill projects. The co...

The court denies intervenor-defendants' motion to dismiss a suit challenging the adequacy of the environmental impact statement (EIS) prepared for the Garrison Diversion Unit because neither a stipulation staying the proceedings nor legislation appropriating funds for the project renders the case mo...

The D.C. Circuit rules that the environmental impact statement (EIS) for the Department of the Interior's sale of leases for outer continental shelf (OCS) oil and gas exploration in the Gulf of Alaska fails to comply with the requirements of the National Environmental Policy Act (NEPA), but the cour...

The court remands an Interstate Commerce Commission (ICC) order authorizing construction of a railroad line for transportation of coal in the Powder River Basin because of National Environmental Policy Act (NEPA) violations, but refuses to invalidate the order and enjoin further construction. The ag...

The court affirms dismissal of the complaint in an action challenging Department of Transportation regulations requiring that urban mass transit or highway projects for which federal funding is sought be endorsed by designated metropolitan planning organizations as consistent with a long-range devel...