The appellate court rules that under North Carolina's Environmental Policy Act the North Carolina Environmental Management Commission was required to prepare an environmental impact statement (EIS) prior to issuing a certificate authorizing the Orange Water and Sewer Authority to proceed with constr...
The court rules that the denial of a residential development permit in a mangrove wetland does not violate the Takings Clause of the Fifth Amendment. The Florida Land and Water Adjudicatory Commission upheld a denial of respondents' application for a permit because of the environmental impact of dev...
Affirming in part and reversing in part the decision of the district court, 11 ELR 20242, the circuit court orders the entry of a preliminary injunction against construction of portions of the Tennessee-Tombigbee Waterway (TTW) pending supplementation of the project's environmental impact statement ...
The Court of Claims reverses the trial court and holds that the United States Forest Service's (USFS') cancellation of a timber contract because of anticipated environmental damage constitutes a breach for which the government is liable in damages. Under the terms of the contract, plaintiff agreed t...
The district court holds that it lacks subject matter jurisdiction over a suit brought by an Australian conservation group to halt mining and refining operations being conducted in Western Australia by American corporations and their affiliates. The court lacks subject matter jurisdiction under 28 U...
The court denies a motion for a preliminary injunction against the Navy's selecton of a parkland site for construction of a hospital. Under the Ninth Circuit Court of Appeal's tripartite test for deciding preliminary injunction requests in cases challenging compliance with the National Environmental...
The District of Columbia Circuit Court of Appeals rules that the Secretary of the Interior's preparation of the five-year oil and gas leasing program for the outer continental shelf (OCS) violated §18 of the Outer Continental Shelf Lands Act (OCSLA). Initially, the court determines that, based upon...
The court rules that under §526(a)(2) of the Surface Mining Control and Reclamation Act, appeals of adverse rulings in enforcement proceedings must be made within 30 days. The court strictly construes the 30-day statute of limitations in order to provide for an orderly process of judicial review wi...
The court rules that financial difficulty does not excuse a municipal landfill's noncompliance with the state Stream Pollution Control Board's order to upgrade current dumping practices and upholds a preliminary injunction mandating either compliance with the order or cessation of operations until a...
The court refuses to enjoin the Department of Energy's Western Area Power Administration (WAPA) from constructing a power line across plaintiffs' land, holding that the environmental impact statement (EIS) for the project was adequate and that WAPA was not required to obtain siting permits from stat...