The court denies defendants' motion to dismiss for lack of standing to sue and laches in this National Environmental Policy Act (NEPA) challenge to the Defense Department's B-1 bomber program. Plaintiffs are seven organizations professing an interest in the environmental consequences of the B-1 prog...

The court denies defendants' motion to dismiss this suit for a declaratory judgment that the Corps of Engineers' final environmental impact statement (EIS) for a revised proposal for legislative authorization of reconstruction of Lock and Dam 26 on the upper Mississippi River is inadequate. The adeq...

The court upholds the validity of the Environmental Protection Agency's (EPA's) final effluent limitations guidelines for crystalline cane sugar refineries after rejecting petitioners' claims that various agency determinations were arbitrary and capricious in light of all the evidence in the record....

The court affirms a lower court's grant of summary judgment for defendants in a suit challenging the adequacy of two final environmental impact statements prepared by the Environmental Protection Agency (EPA) in conjuncton with federal funding for construction of a proposed sewage treatment plant an...

The Fifth Circuit affirms the lower court decision, 7 ELR 20060, preliminarily enjoining the state of Georgia from proceeding with construction of a highway without preparing a National Environmental Policy Act environmental impact statement. The trial judge did not misapply the law or abuse his dis...

The court refuses to grant a preliminary injunction against issuing licenses to oil-related companies for use of surplus government property pending completion of a comprehensive environmental impact statement (EIS). Due to a phasing out of naval activities in Rhode Island, certain government proper...

The court grants plaintiffs' motion for summary judgment and enjoins the New York Port Authority from prohibiting flights of the supersonic transport Concorde aircraft into John F. Kennedy International Airport (JFK). Plaintiffs are foreign air carriers holding Civil Aeronautics Board permits and Fe...

The court stays the lower court's order halting tuna purse-seining and allows tuna fishermen to take porpoise pursuant to their 1976 quotas and permits until April 30, 1977, or until 1977 permits are issued. All porpoise taken during this interim period are to be counted as part of the total catch a...

The court rejects plaintiff's challenge to the adequacy of an environmental impact statement prepared for a proposed subway construction project and denies injunctive relief. The EIS, prepared three years earlier, adequately discusses the project's environmental impacts and alternatives. Even if the...

The Second Circuit affirms the district court's rejection, 7 ELR 20459, of appellants' challenge to the adequacy of an environmental impact statement prepared for a proposed subway construction project. The lower court did not abuse its discretion by denying injunctive relief to the claimants on the...