The court affirms dismissal of the complaint in an action challenging Department of Transportation regulations requiring that urban mass transit or highway projects for which federal funding is sought be endorsed by designated metropolitan planning organizations as consistent with a long-range devel...

The court vacates a preliminary injunction against continued United States participation in construction of the Darien Gap Highway in Panama and Colombia after finding that the final environmental impact statement (EIS) adequately complies with the requirements of the National Environmental Policy A...

On review of two cases in which plaintiffs challenged the Nuclear Regulatory Commission's (NRC's) licensing of two nuclear power plants, the Supreme Court unanimously reverses the court of appeals' invalidation of the licenses, announcing that the role of the judiciary in the nuclear licensing proce...

The Eighth Circuit affirms a district court's denial of a motion for a preliminary injunction against the relocation of personnel and equipment from Richards-Gebaur Air Base near Kansas City to Scott Air Base near St. Louis. Treating the case as an appeal on the merits, the court rules that the Air ...

A 1973 Minnesota statute, the Power Plant Siting Act (PPSA), vested regulatory jurisdiction over electric transmission line siting with the Minnesota Environmental Quality Council (MEQC), and included a grandfather clause exempting powerlines to be constructed prior to July 1, 1974, if application t...

On plaintiff's motion for summary judgment in an action brought by the federal government to condemn rights-of-way across defendant's land providing access to timber acreage, defendant may raise as a defense the government's alleged failure to comply with the requirements of the National Environment...

The court affirms a lower court's dismissal of a suit challenging, on the grounds of alleged violations of the National Environmental Policy Act (NEPA) and Title VII of the Civil Rights Act, proposed personnel reductions at Kelly Air Force Base. The Air Force's decision that preparation of an enviro...

Imposing strict liability for a violation of the Migratory Bird Treaty Act, the court affirms the conviction of defendant corporation for killing unintentionally 92 migratory birds. Wastewater from the corporation's pesticide plant was stored in a large open pond that attracted waterfowl during migr...

The court dismisses, for lack of subject matter jurisdiction, a suit seeking declaratory and injunctive relief against the Environmental Protection Agency Administrator's decision to defer implementation of the prevention of significant deterioration (PSD) preconstruction review provisions of §165(...

The court denies defendants' motions to dismiss an indictment based on the death of migratory waterfowl as a result of the aerial application of a pesticide to farmland. Defendants were charged with misdemeanor violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), for applyi...