The Clean Air Act does not authorize the EPA Administrator to impose sanctions or institute a civil action against a state or its officials for failure to enforce the transportation control provisions of the state implementation plan. The statutory language and legislative history are ambiguous as t...

The Organic Act of 1897 provides that only dead and mature or large timber may be cut in national forests, and requires in addition that all such trees be individually marked prior to harvesting. The U.S. Forest Service is therefore prohibited from contracting for or allowing clearcutting in the Mon...

The case is remanded to the district court with instructions to vacate that part of the Amended Final Judgment which denied plaintiffs' request for attorney fees in connection with their successful litigation against the proposed Three Sisters Bridge. The lower court erred in summarily denying plain...

The court orders the Corps of Engineers to prepare a full scale NEPA impact statement with respect to its granting a permit under §10 of the Rivers and Harbors Act of 1899 for marina construction on a privately-owned island on the North Carolina coast. It is inescapable that the marina permit will ...

This action for declaratory and injunctive relief seeks to halt planning and development of the West Georgia Limited Access Highway (WGLAH) and Interstate 185 pending compliance with the assertedly applicable requirements of the National Environmental Policy Act and §4(f) of the Department of Trans...

The court summarily affirms a judgment denying an injunction against lowering the level of the Rodman Pool, a part of the ill-fated Cross-Florida Barge Canal, but remands the case to the trial court for the continued exercise of its equitable discretion. For earlier related opinions of the district ...

Although not entirely satisfactory, the Federal Aviation Administration's final environmental impact statement (EIS) for construction of a radar facility and paved access road on the summit of Bryant Mountain in Cummington, Massachusetts, meets the requirements of NEPA. Since it was not clearly erro...

For lack of ripeness, the court of appeals dismisses petitions from a number of Ohio steel mills and power companies for review of the EPA Administrator's approval of Ohio's Clean Air Act implementation plan. Federal approval of the plan was subject to important exceptions; disputes regarding the ac...

NEPA does not require the General Services Administration to file an impact statement in conjunction with its submission to the House and Senate Public Works Committees of a prospectus for the lease of office building space in Jackson, Mississippi. Plaintiffs, owners of two office buildings in Jacks...

In cases where the EPA Administrator disapproves the transportation control portions of a state's air quality implementation plan, the Clean Air Act does not empower him to order the state to enact EPA-promulgated statutes and regulations for transportation control, or to bring federal enforcement a...