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Conservation Council of N.C. v. Froehlke

The court denies defendants' application for an interlocutory appeal from a lower court's ruling that in a challenge to the adequacy of a NEPA impact statement, the reviewing court is not limited to the administrative record, but may take additional evidence. The controlling authority on this point ...

Citizens for a Safe Env't v. Atomic Energy Comm'n

The Third Circuit Court of Appeals lacks jurisdiction to review an AEC order denying a request for attorney fees and expert witness expenses by environmentalist intervenors in a license proceeding. The order is a collateral ruling in the course of the license proceeding and does not become final for...

Bonelli Cattle Co. v. Arizona

Under federal common law, title to land first submerged by erosion and then re-exposed by stream channelization of the Colorado River vests in the plaintiffs as riparian land owners rather than in Arizona as owner of the riverbed. An analysis of the interests of the parties in the land compels the c...

Campaign Clean Water v. Train

The EPA Administrator's impoundment of 55 percent of the funds allocated by Congress under §205 of the FWPCA Amendments of 1972 does not constitute on its face an abuse of discretion. The Administrator's obligational discretion under the statute is subject to judicial review since impoundment prese...

Delaware Citizens for Clean Air v. Stauffer Chem. Co.

The citizens suit provision (§1857h-2) of the Clean Air Act does not authorize the payment of compensatory damages to an environmental group for injuries to its members from sulfur dioxide emissions in excess of allowable concentrations prior to EPA approval of a one-year variance in a state implem...

Borel v. Fibreboard Paper Prods. Corp.

The Fifth Circuit Court of Appeals holds several manufacturers of insulation materials containing asbestos strictly liable in tort for damages for asbestosis and mesothelioma contracted over a 33-year period by an industrial worker. The manufacturers failed not only to test their products of adverse...

Chemetron Corp. v. Department of Health, Educ. & Welfare

In the companion case to Hess & Clark v. FDA (4 ELR 20147), the Court of Appeals for the D.C. Circuit vacates the Food and Drug Administration's withdrawal of approval from New Animal Drug Applications for DES feed premixes. Petitioners were illegally deprived of the opportunity for a hearing si...

Canal Auth. of Fla. v. Callaway

The Fifth Circuit Court of Appeals reverses a lower court's ruling that where proponents of the Cross-Florida Barge Canal sought to enjoin federal officials from releasing impounded water in order to protect threatened trees, the burden of persuasion as to whether the injunction should issue was on ...

Bowker v. Morton

The court refuses to dismiss plaintiff small farmers' claims for injunctive relief against further construction or operation of the U.S. Bureau of Reclamation of the jointly funded San Luis Unit of the California State Water Project for failure to comply with the single owner acreage limitations of ...