The Ninth Circuit upholds appellees' determination that a conversion in funding for Boise, Idaho, does not require preparation of an environmental impact statement (EIS). In 1971, appellees found that the project, which was being financed with urban renewal loan and grant funds, would have no signif...

The court upholds the Environmental Protection Agency's (EPA's) veto of a state-issued variance from the Federal Water Pollution Control Act (FWPCA) effluent limitations for a segment of the pulp and paper industry. The state of Washington granted petitioner's request for a variance from the best pr...

The district court rules that defendants discharged fill material into a wetland adjacent to a navigable waterway without an Army Corps of Engineers permit in violation of §404 of the Federal Water Pollution Control Act. A magistrate had dismissed the case after finding that the filled area, althou...

The district court upholds the California Coastal Commission's imposition of and method of enforcing coastal development permit conditions. Plaintiffs, individual lot owners and members of a residential development association, contended that two of the six conditions attached to their development p...

The court awards attorney fees in a case in which it previously, 11 ELR 20635, upheld the Environmental Protection Agency's (EPA's) issuance of a prevention of significant deterioration permit under the Clean Air Act. The 14-day deadline set forth in Rule 39 of the Federal Rules of Appellate Procedu...

The court invalidates a Lakewood, Colorado, billboard ordinance on First Amendment and equal protection grounds. Initially, it rules that appellees, owners and users of commercial signs, lack standing to challenge the Lakewood Sign Code's definition of "sign," in the context of its time, place, mann...

The court upholds the dismissal of a claim that the United States Forest Service (USFS) violated the National Environmental Policy Act (NEPA) and its own regulations by denying appellants' request for renewal of a residence permit without preparing an environmental report. It notes that courts have ...

The court affirms the district court's holding that the Army Corps of Engineers properly denied appellant's application for a permit under §404 of the Federal Water Pollution Control Act to fill a wetland. The Corps' determination that appellant's land is a wetland and that the proposed development...

The Tenth Circuit upholds regulations promulgated by the Nuclear Regulatory Commission (NRC) pursuant to Title II of the Uranium Mill Tailings Radiation Control Act (UMTRCA) that establish technical and financial criteria governing the regulation of uranium mills and uranium mill tailings. Rejecting...

In a suit seeking an injunction against the demolition of two historic theaters in New York City, the district court grants defendants' motions for dismissal or summary judgment on all but one of plaintiffs' substantive calims, and denies a request for injunctive relief. The court first rejects plai...