The district court stays further proceedings pending exhaustion of administrative remedies in a suit seeking a declaratory judgment that plaintiffs' fill activities are not within the jurisdiction of the Army Corps of Engineers. Plaintiffs, who failed to obtain a permit under §404 of the Federal Wa...

The Eighth Circuit grants appellants' motion for a stay pending appeal of a preliminary injunction barring acquisition of land for construction of the initial stage of the Garrison Diversion Unit in the West Oakes area of North Dakota. The district court, 12 ELR 20756, enjoined construction of a pum...

The court upholds the district court's refusal to enjoin a wild horse roundup for alleged NEPA violations. Since the only roundup which was arguably carried out without an environmental impact statement (EIS) has been completed, the case is moot. Although EISs for all planned future roundups are not...

In a suit to enjoin the sale of federal coal leases in the Powder River Coal Region of Montana and Wyoming, the court grants defendants' motion for a transfer of venue to the Montana district court. Venue is proper in Montana since three of the five plaintiffs are located in Montana, all of the plan...

The court holds that the Great Miami River in Ohio and four of its tributaries are not navigable within the meaning of §10 of the Rivers and Harbors Act of 1899. Since the parties agree that no use of these waterways for commercial purposes occurred after 1830, the court considers the question of n...

The court rules that a site-specific environmental impact statement (EIS) is not required under the National Environmental Policy Act (NEPA) prior to aerial broadcast spraying of insecticide to eradicate the gypsy moth in South Salem. Initially, the court holds that plaintiffs do not have a private ...

The court orders defendants to comply with insecticide spraying guidelines set forth in the work plan for the South Salem gypsy moth eradication program. It holds that Oregon's proposed work plan does not significantly deviate from the programmatic environmental impact statement (PEIS) prepared by t...

After refusing to enjoin aerial spraying of insecticide in South Salem, Oregon, 12 ELR 20766, 20769, the court rules that it has authority under the Administrative Procedure Act (APA) to review plaintiffs' allegations that the proposed gypsy moth eradication program violates the Federal Insecticide,...

The Second Circuit affirms two district court decisions finding that the Department of Transportation (DOT) complied with the National Environmental Policy Act (NEPA) and the Department of Transportation Act in approving the I-84/I-86 connecting highway, 12 ELR 20054, and dismissing as unripe a NEPA...

The court of appeals affirms a district court decision upholding the constitutionality of New York City Fire Department regulations governing the transportation of hazardous gases through the city by tank truck. Since the rules, which limit the routes over which and times during which gases may be t...