The court holds that the Interstate Commerce Commission (ICC) did not violate the §102 of the National Environmental Policy Act (NEPA) or the ICC's implementing regulations when it granted a railroad company's request to waive the preparation of an environmental impact statement for the constructio...

The court denies environmental groups' and local residents' request for a preliminary injunction that would postpone the civilian reuse of Lowry Air Force Base near Denver, Colorado, until the performance of additional studies and analysis of environmental conditions at the base. The court first not...

The court holds that the U.S. Army Corps of Engineers (the Corps) failed to comply with a prior court order directing it to prepare a second environmental impact statement supplement (EISS-2) addressing the cumulative environmental impacts of Elk Creek Dam and two other dams in the Rouge River Basin...

The court holds that the Farmers Home Administration's (FmHA's) finding of no significant impact (FONSI) under the National Environmental Policy Act (NEPA) for a project to construct a dam and water treatment plant to provide a long-term supply of water to a city is not arbitrary and capricious. The...

The court holds that it lacks jurisdiction over landowners' suit seeking to compel the U.S. Forest Service and other government agencies to reopen the scoping process under the National Environmental Policy Act (NEPA) in conjunction with a power company's proposal to construct a high-voltage transmi...

The court holds that the Farmers Home Administration (FmHA) need not prepare an environmental impact statement (EIS) for the construction of a drinking water reservoir whose only significant effect on the human environment will be beneficial. The FmHA conducted an environmental assessment (EA) of th...

The court holds that the installer of an underground heating oil storage tank may be held liable as an "operator" under the Pennsylvania Storage Tank and Spill Prevention Act (STSPA) for the ongoing nuisance created by an alleged release from the tank. The court first holds that this case does not i...

A magistrate judge holds that the U.S. Department of the Air Force abused its discretion when it failed to include the impact of a new state-managed air-to-ground training range in an environmental impact statement (EIS) prepared under the National Environmental Policy Act (NEPA) to evaluate the env...

The court holds that the U.S. Environmental Protection Agency (EPA) was not constitutionally barred from considering a facility's boiler and industrial furnace (BIF) permit application while a federal government suit over the facility's alleged incineration of hazardous waste without a permit was pe...

The court refuses to approve a proposed consent decree requiring the U.S. Environmental Protection Agency (EPA) to issue a notice of proposed revisions to its hazardous waste identification rule by August 15, 1995, and to issue its final rules by December 15, 1996. The court first holds that a state...