Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

Campaign Clean Water v. Train

The EPA Administrator's impoundment of 55 percent of the funds allocated by Congress under §205 of the FWPCA Amendments of 1972 does not constitute on its face an abuse of discretion. The Administrator's obligational discretion under the statute is subject to judicial review since impoundment prese...

Delaware Citizens for Clean Air v. Stauffer Chem. Co.

The citizens suit provision (§1857h-2) of the Clean Air Act does not authorize the payment of compensatory damages to an environmental group for injuries to its members from sulfur dioxide emissions in excess of allowable concentrations prior to EPA approval of a one-year variance in a state implem...

Borel v. Fibreboard Paper Prods. Corp.

The Fifth Circuit Court of Appeals holds several manufacturers of insulation materials containing asbestos strictly liable in tort for damages for asbestosis and mesothelioma contracted over a 33-year period by an industrial worker. The manufacturers failed not only to test their products of adverse...

Chemetron Corp. v. Department of Health, Educ. & Welfare

In the companion case to Hess & Clark v. FDA (4 ELR 20147), the Court of Appeals for the D.C. Circuit vacates the Food and Drug Administration's withdrawal of approval from New Animal Drug Applications for DES feed premixes. Petitioners were illegally deprived of the opportunity for a hearing si...

Canal Auth. of Fla. v. Callaway

The Fifth Circuit Court of Appeals reverses a lower court's ruling that where proponents of the Cross-Florida Barge Canal sought to enjoin federal officials from releasing impounded water in order to protect threatened trees, the burden of persuasion as to whether the injunction should issue was on ...

Bowker v. Morton

The court refuses to dismiss plaintiff small farmers' claims for injunctive relief against further construction or operation of the U.S. Bureau of Reclamation of the jointly funded San Luis Unit of the California State Water Project for failure to comply with the single owner acreage limitations of ...

Canal Auth. of Fla. v. Callaway

The termination of the Cross-Florida Barge Canal, ordered by President Nixon in 1971, is held to violate the separation-of-powers doctrine and NEPA. The Forest Service's environmental impact statement, which recommended the partial draining of an artificial lake that is part of the project, was inva...

Wilderness Soc'y v. Morton

The U.S. Court of Appeals for the District of Columbia Circuit, in a 4-3 decision written by Judge Wright, holds that plaintiffs in the Alaska pipeline litigation are entitled to an award of attorney fees against the private oil pipeline company defendant. Plaintiffs' posture in enforcing the right ...

Ecology Action v. Atomic Energy Comm'n

The U.S. Court of Appeals for the Second Circuit dismisses for lack of jurisdiction a petition to review an Atomic Energy Commission order excluding certain environmental, accident, and energy conservation issues from consideration in an application to construct a third nuclear power plant on the so...