The Washington Supreme Court remands a case concerning respondent's attempts to obtain a variance for its Tacoma smelter from applicable state air pollution regulations. In February 1976, respondent obtained from the Puget Sound Air Pollution Control Agency (PSAPCA) a variance from that agency's reg...

In a per curiam opinion, the Supreme Court reverses a Ninth Circuit Court of Appeals decision, 9 ELR 20603, and rules that the Environmental Protection Agency's (EPA's) veto of a proposed national pollutant discharge elimination system (NPDES) permit issued by a duly authorized state agency is direc...

The Eighth Circuit Court of Appeals affirms a district court's determination that the Corps of Engineers was not required to prepare an environmental impact statement (EIS) prior to issuing a permit under §10 of the Rivers and Harbors Act allowing construction of a transmission line across the Miss...

The court denies plaintiff's motion for a preliminary injunction against the taking by the Navy of 35 acres of park land in the city of San Diego for development into a medical center. Side-stepping plaintiff's argument that the environmental impact statement prepared for the project is deficient un...

The Tenth Circuit Court of Appeals reverses a district court order denying a motion for a preliminary injunction to stay implementation of a program for the reduction of grazing allotments on the public land. The court of appeals first determines that the case has not been rendered moot by interveni...

The court dismisses two counts in a citizen suit alleging violations of applicable air pollution control requirements after ruling that it lacks jurisdiction under §304 of the Clean Air Act to consider claims against individual corporate officers or for civil penalties. Because §113 of the Act exp...

The court affirms a lower court's judgment denying plaintiff's request for an injunction against further construction of an interstate highway segment outside Washington, D.C. The court upholds as amply supported by the record the district court's conclusion that the highway is being constructed in ...

In a memorandum decision the court affirms the Atomic Safety and Licensing Appeal Board's denial of a motion (1) to suspend the construction permit for the Sterling Nuclear Power Project and (2) to enjoin the plant's owner from contracting for nuclear fuel for the plant until the Nuclear Regulatory ...

The court dismisses an action to enjoin construction of a highway through a wildlife sanctuary pending preparation of a supplemental environmental impact statement (EIS) under the National Environmental Policy Act (NEPA). Following state law, the state prepared an addendum discussing plaintiffs' pro...

The Fifth Circuit upholds the lower court's dismissal, 9 ELR 20492, a suit to halt completion of the Tennessee-Tombigbee Waterway on grounds of laches. Plaintiffs argued that the planned width of the waterway exceeded the size authorized by Congress in 1946. Although the Secretary of the Army revise...