The court holds that a municipal "slow growth" ordinance, which limits the number of lots that may be approved by a town's planning board, is valid as a temporary measure while the town develops a comprehensive plan for controlled growth. Under state law a town may adopt reasonable time controls reg...

Reversing the judgment of the district court, 9 ELR 20625, the court of appeals rules that the Navy must prepare an environmental impact statement (EIS) in connection with the reconstruction of a weapons storage facility to accommodate nuclear weapons. Acepting as true appellees' contention that the...

In an action brought by the United States for civil penalties and injunctive relief, the court rules that the construction of a roadway through a wetlands without a permit from the Army Corps of Engineers violates §404 of the Federal Water Pollution Control Act (FWPCA) and §10 of the Rivers and Ha...

Granting motions for a preliminary injunction filed by the United States and the state of Arkansas, the court concludes that the discharge of dioxin from a pesticide manufacturing facility constitutes "imminent and substantial endangerment to the health of persons" under the Federal Water Pollution ...

The Second Circuit Court of Appeals affirms the district court's dismissal, 9 ELR 20650, as not ripe for review, of an action to enjoin the Corps of Engineers from seeking congressional authorization for a study of the Hudson River Project prior to preparation of the project's final environmental im...

The court vacates an injunction, 2 ELR 20446, against construction of a federally funded expressway, finding that the environmental impact statement (EIS) for the project adequately complied with §102(2)(C) of the National Environmental Policy Act. Following issuance of the injunction in 1972, defe...

The court upholds an order by the district court, 9 ELR 20176, modifying but not vacating a 1976 settlement agreement, 6 ELR 20588, between the Environmental Protection Agency (EPA) and five environmental groups which required EPA to regulate discharges of 65 toxic pollutants under §307 of the Fede...

The Washington Supreme Court holds that a board of county commissioners (board) has independent authority under the State Environmental Poicy Act (SEPA) to deny, for environmental reasons, an application for residential development. Lake Lawrence, Inc. applied to the board to develop an area of low ...

The Sixth Circuit Court of Appeals rejects a challenge to the Nuclear Regulatory Commission's exercise of jurisdiction to regulate the siting of transmission lines from nuclear power plants. Without deciding whether the Commission has authority to consider the environmental effects of transmission l...

The court upholds the Environmental Protection Agency's (EPA's) designation of part of Clermont County, Ohio as a nonattainment area under §107(d) of the Clean Air Act. Noting that the applicable standard of review permits the agency's action to be reversed only if arbitrary or capricious, the cour...