Granting plaintiff's motion for summary judgment, the court holds that the Secretary of the Interior has an enforceable duty under the Wild Free-Roaming Horses and Burros Act to remove wild horses which have strayed from federal lands onto plaintiff's unfenced property. The court rejects the Secreta...

The court affirms the ruling below, 8 ELR 20012, that the approval by the Secretary of Health, Education and Welfare, pursuant to §1122 of the Social Security Act, of defendant's proposed modification of its hospital facilities is not a major federal action within the meaning of the National Enviro...

The First Circuit rejects challenges to the Nuclear Regulatory Commission's (NRC's) final approval of construction permits for intervenor's Seabrook nuclear power plant. The Commission did not violate its regulations requiring that nuclear plants be located at a sufficient distance from population c...

The court affirms the trial court's denial of a petition to vacate respondent's decision to approve a subdivision plan, ruling that the requirements of the California Environmental Quality Act (CEQA) have been fulfilled. The environmental impact report (EIR) prepared pursuant to CEQA identified eigh...

On defendant's motion for relief from the terms and conditions of a final consent decree regarding the treatment of pollutants discharged from a gold mine, the court rules that it has the power under FED. R. CIV. P. 60(b)(5) and the terms of the decree itself to grant defendant's motion because extr...

Reversing the lower court, the Tenth Circuit Court of Appeals strikes down as violative of the Commerce Clause an Oklahoma statute regulating the disposal of industrial waste within the state and banning importation of such waste unless the state of origin imposes similar standards and has a recipro...

The court grants a preliminary injunction against condemnation of plaintiff's property for construction of a prison pending compliance with the National Environmental Policy Act (NEPA). The city of Omaha prepared an environmental impact statement (EIS) on the proposed federally assisted redevelopmen...

In response to a petition challenging the Environmental Protection Agency's (EPA's) action in extending for an additional two-and-one-half years the national pollutant discharge elimination system (NPDES) permit for the Hyperion Wastewater Treatment Plant in Los Angeles, the Ninth Circuit remands th...

The Ninth Circuit affirms a lower court's refusal to issue a preliminary injunction against the execution of leases for the exploration for and commercial production of geothermal steam in the Alvord Desert of eastern Oregon. The district court correctly concluded that plaintiffs failed to establish...

In consolidated cases challenging terms within discharge permits issued to petitioners under the Wisconsin Pollution Discharge Elimination System, the court affirms the opinion of the lower court that the terms are overly restrictive and invalid under state law. The state law parallels the Federal W...