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Henry v. Federal Power Comm'n

The court of appeals affirms the decision of the Federal Power Commission (FPC) that its jurisdiction does not extend to the production, transportation, and sale of unmixed synthetic gas produced from coal. In addition, the court holds that, while preparation of an environmental impact statement wou...

Citizens Ass'n of Georgetown v. Washington

The Court of Appeals for the D.C. Circuit reverses the district court's award of attorney fees to plaintiffs, since the lower court could not predicate jurisdiction on the Clean Air Act citizen suit provision. The complaint merely alleged that the District of Columbia failed to insist on preconstruc...

Evans v. Hills

The Second Circuit, on rehearing en banc, affirms dismissal of this civil rights challenge to federal sewer construction and parkland acquisition grants for the reason that the plaintiffs lack standing to sue. Plaintiffs, low income members of minority groups, challenged Housing and Urban Developmen...

Flint Ridge Dev. Co. v. Scenic Rivers Ass'n of Okla.

In a challenge to the Department of Housing and Urban Development (HUD) for allowing a disclosure statement required by the Interstate Land Sales Disclosure Act to become effective without first filing an environmental impact statement, the Supreme Court holds that NEPA's impact statement requiremen...

Kleppe v. Sierra Club

The Supreme Court reverses the Court of Appeals for the D.C. Circuit, 514 F.2d 856, 5 ELR 20463, and holds that NEPA does not require preparation of an environmental impact statement for coal leasing in the Northern Great Plains region absent an agency proposal for regional coal development. There h...

Hancock v. Train

Although §118 of the Clean Air Act obligates federal installations discharging air pollutantsto join with nonfederal facilities in complying with state "requirements respecting control and abatement of air pollution," obtaining a permit from a state with a federally approved implementation plan is ...

EPA v. California ex rel. State Water Resources Control Bd.

While federal installations discharging water pollutants are obliged, under §313 of the Federal Water Pollution Control Act Amendments of 1972, to comply to the same extent as nonfederal facilities with state "requirements respecting control and abatement of pollution," obtaining a permit from a st...

Upper W. Fork River Watershed Ass'n v. Corps of Eng'rs

On cross-motions for summary judgment, the court grants defendants' motion to dismiss this NEPA challenge to construction of the Stonewall Jackson Lake Project, a large dam for flood control, water supply, stream flow regulation and recreation on the Upper West Fork River near Brownsville, West Virg...

Virginians for Dulles v. Volpe

The court of appeals reverses the district court order dismissing this action, 2 ELR 20360, only insofar as it held that the Federal Aviation Administration (FAA) was not required to file a NEPA impact statement on its operation of National Airport and Dulles International Airport. The district cour...

Environmental Defense Fund v. Department of Transp.

In a brief per curiam order, the court of appeals rejects a number of legal challenges, based on NEPA and the Noise Control Act of 1972, to defendant's decision to allow the Concorde supersonic transport to conduct limited commercial flights to and from Dulles and Kennedy International Airports for ...