The Soil Conservation Service (SCS) violated NEPA by determining that it need not file an impact statement for the construction of a proposed dam across a tributary of the Brodhead River, a famous trout stream. The court declines to follow the authority of Hanly v. Kliendienst to the effect that an ...

Federal facilities which discharge pollutants into navigable waters are subject to the requirements of state NPDES permit programs approved by the EPA pursuant to §402 of the Federal Water Pollution Control Act Amendments of 1972. The portions of EPA's approval of the California and Washington perm...

Thermal-electric power plants ("steam plants") are not subject to FPC licensing under the Federal Power Act. The text of the statute and its legislative history indicate clearly that Congress intended the FPC to have jurisdiction over hydroelectric power plants only. The FPC's longstandings construc...

The court dismisses as moot plaintiffs' appeal from a lower court's denial of preliminary injunctive relief against further construction of a runway project at Logan International Airport in Boston pending preparation of a NEPA impact statement. An EIS for the project has recently been prepared and ...

The Ninth Circuit Court of Appeals upholds a lower court's decision that the environmental impact statement for a segment of Interstate 90 near Seattle adequately fulfills the requirements of NEPA. Adopting the "without observance of procedure required by law" standard of review, the court notes tha...

The Connecticut Supreme Court upholds a lower court ruling that denial of an application for a permit for filling five acres of privately owned marshlands designated tidal wetland by the defendant pursuant to the Connecticut Tidal Wetlands Act was a proper exercise of the police power. The denial di...

NEPA does not apply to the construction of a new judicial building and city hall since the only federal participation involved is the distribution of general revenue-sharing funds to finance the project. The Council on Environmental Quality's guidelines for the preparation of environmental impact st...

The state of New Jersey recovers, under the doctrine of parens patriae, a statutory penalty and compensatory damages for a fish kill resulting from continued cooling pump operation during a temporary shutdown of the Oyster Creek nuclear generating plant. The discharge of cold rather than warm water ...

NEPA becomes applicable to an airport development project that seeks federal funding at the point when federal funds are tentatively allocated to the project, rather than at the later point when a formal grant offer is made. This conclusion is supported by the language of NEPA, the CEQ guidelines fo...

The Eighth Circuit Court of Appeals rules that the statutory language and legislative history of the Federal Water Pollution Control Act Amendments of 1972 demonstrate that EPA does not have separate power under §301 of the statute to promulgate by regulation effluent limitations for existing corn ...