The court refuses to grant a preliminary injunction to prevent construction of a combination sewage outfall pipe and fishing pier where the Environmental Protection Agency (EPA) and the California Bureau of Outdoor Recreation (BOR) have not acted arbitrarily or capriciously in determining that the p...

A county zoning ordinance attempting to regulate the flight patterns and restrict the weight of aircraft using a privately-owned airport is declared unconstitutional and its enforcement is permanently enjoined. The Federal Aviation Act of 1958 shows Congress' intent to give the federal government, a...

For opinion of the Court of Appeals, see 2 ELR 20139, for District Court opinion, see 2 ELR 20704. District court now determines that all further activity on the section of I-90 from Asahel Curtis Interchange to Snoqualmie Summit that will increase the environmental damage already done should be enj...

An Atomic Energy Commission order extending the completion dates in construction permits for two nuclear power plants is reversed because the AEC failed to provide notice and an opportunity for a hearing. In addition to the full environmental review required by the National Environmental Policy Act,...

The court upholds the Secretary of Transportation's pre-NEPA approval of a highway right-of-way that reserved to the owner the right to cross the highway with mining equipment 10 times during a 40-year period. The Secretary's determination that the present review and approval of the first actual cro...

Even though federal funds have not yet been received, an injunction is granted against construction of a proposed expressway segment until the project is reviewed at public hearings and an impact statement prepared. The segment is part of the larger expressway where federal funds have been expended,...

In an action for a preliminary injunction against timbering on a national forest, adjacent landowners allege that the Secretary of Agriculture abused his discretion when weighing the five uses established by the Multiple Use Act for managing national forests. The court, however, holds that a special...

In a further development of the Scenic Hudson controversy, New York's highest court rules that the state commissioner of environmental conservation had a reasonable basis for determining that construction and operation of the Storm King Mountain pump storage facility will not violate water quality s...

The Pennsylvania Clean Streams Law requires in operator of an active mine to treat any acid drainage discharge, including the drainage of adjacent inactive mines necessary to protect the active works. Citing extensively from the history and language of the statute, the court upholds the state Sanita...

An order by the Administrator of the Environmental Protection Agency cancelling Dow Chemical's registration of 2, 4, 5-T pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), because of possible causation of birth defects is not a final order reviewable by the court. The o...