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Brotherhood Blocks Ass'n of Sunset Park v. Secretary of HUD

In an action brought to compel the Department of Housing and Urban Development to comply with the National Environmental Policy Act in the administration of its federally insured home mortgage program, the court refuses to grant a preliminary injunction to prevent removal of occupants from propertie...

Burbank v. Lockheed Air Terminal, Inc.

State and local governments are pre-empted from establishing noise emission standards for aircraft. The Supreme Court holds that the Federal Aviation Act of 1958, as amended by the Noise Control Act of 1972, vests authority to control aircraft noise in FAA and EPA. Local ordinances restricting jet a...

Utah Int'l, Inc. v. EPA

Federal courts lack jurisdiction to review orders of the Environmental Protection Agency disapproving state implementation plans under the Clean Air Act. Such jurisdiction exists only after the Agency has approved a state plan, or promulgated a plan of its own. Publication of a notice of proposed ru...

Citizens to Preserve Overton Park v. Volpe

The Secretary of Transportation may not reject a proposal to route a highway through a public park without designating feasible and prudent alternatives to the plan. Although the Federal-Aid Highway Act of 1968 states only that the Secretary must show the absence of feasible and prudent alternatives...

Candlestick Properties v. San Francisco Bay Conservation & Dev. Comm'n

The refusal of the San Francisco Bay Conservation and Development Commission to permit a developer to deposit fill on shorelands does not constitute a taking for public use and compensation is not required. The court finds that a legislative program for preserving the existing character of the bay u...

Duquesne Light Co. v. EPA

So that petitioning power companies will not be subject to sanctions under federally approved state Clean Air Act implementation plans before they have had an opportunity either to exhaust their state remedies or to be heard at the federal level, the court instructs EPA either to refrain from imposi...

Cape Henry Bird Club v. Laird

Projects authorized under the Flood Control Act of 1946 must meet the cost-benefit criteria specified for that Act by Congress, but need not meet the more stringent demands of NEPA. The "NEPA cost-benefit ratio" is to be used only to enable the court and other decisionmakers to determine whether all...

Department of Water Resources v. A.H. Smith Sand & Gravel Co.

The court upholds the authority of the Maryland Department of Water Resources to regulate the floodplain of free flowing waters on the basis of a 50-year flood frequency. The court sets the boundaries of the Indian Creek floodplain as those which occured during hurricane Agnes. The Department's regu...

Campaign Clean Water v. Ruckelshaus

The Administrator of EPA is not required to allot all funds authorized to be appropriated under the Federal Water Pollution Control Act Amendments of 1972, but the allotment of only 45 percent of the amounts authorized represents an illegal abuse of discretion. EPA's policy of impounding funds is he...