The EPA Administrator acted within the scope of his authority under the Clean Air Act in disapproving a portion of Kentucky's implementation plan which would have allowed coalburning plants to employ intermittent emission limitation systems for the control of sulfur dioxide without showing that cons...

The state of Washington cannot apply its existing fishing regulations to Indian tribes left free by 19th-century treaties to fish off their reservations at their traditional fishing places without violating their federal rights. The state can regulate off-reservation fishing by treaty Indians only t...

The federal district court correctly dismissed for lack of jurisdiction a power company suit seeking declaratory relief against a Pennsylvania Department of Environmental Resources (DER) order that the company install stack gas scrubbers to meet the state's implementation plan's sulfur oxide standar...

Even though the environmental impact statement for the federally-funded widening of I-95 in Massachusetts seems comprehensive and was reviewed, discussed and revised by federal officials during its preparation, the statement fails to meet the procedural requirements of NEPA since it was prepared by ...

The court denies a motion to dismiss a suit seeking declaratory and injunctive relief against increases in the number of aircraft operations at O'Hare International Airport. Plaintiffs allege that defendants' failure to prepare a NEPA impact statement for the increases and to comply with the notice ...

The court of appeals reinstates a preliminary injunction, previously granted, 3 ELR 20891, but then dissolved by the district court, barring further work on a California freeway interchange project pending execution of an environmental impact statement/environmental impact report (EIS/EIR) and compl...

An electric power sale contract between the Bonneville Power Administration (BPA) and the corporate owner of a proposed aluminum reduction plant is declared unenforceable until an adequate NEPA impact statement is prepared. A municipality which lost its bid to have the plant locate within its bounda...

Plaintiff, a group of consumer-owned utilities, brought suit to gain the right to make a preferential bid, under the 1939 federal reclamation law, for federally-owned thermal electric power produced under the Colorado River Basin Act. The court of appeals reverses the district court's grant of summa...

The court rejects the city's attack on a state public health department order requiring a municipal incinerator to adopt a schedule for complying with applicable air pollution emission limits. As the defendant failed to seek judicial review of the order when it was adopted, the only issue before the...

This suit by a nonprofit community association and property owners challenges a Delaware highway project for alleged failure to comply with NEPA, the Department of Transportation Act, and the Federal-Aid Highway Act. The court rejects plaintiffs' assertion that any element of the Newark, Delaware, b...