An application for a stay of injunction pending appeal is denied in a suit to enjoin a highway project on the ground that the Secretary of Transportation failed to review and approve a final environmental impact statement. The court concludes that: (1) defendant is unlikely to succeed on the merits ...

This suit brought by three major auto companies under the Clean Air Act Amendments of 1970 appeals a decision by the Administrator of the Environmental Protection Agency (EPA) denying a year's suspension of the 1975 auto emissions standards. While the court refuses to order suspension of the 1975 em...

In an action to enjoin appellee from polluting the Chattahoochee River the Court of Appeals for the Fifth Circuit dismisses the appeal for lack of jurisdiction. The district court's holding (see 2 ELR 20700) that the Chattahoochee is not a tributary of a navigable river and not subject to federal re...

Holding that the Securities and Exchange Commission (SEC) exercised permissible discretion in declining to grant immediate approval of the petitioners' rulemaking request, the court dismisses the case. The court, however, declines to decide whether the SEC has improperly delayed in carrying out its ...

The court modifies its judgment of July 20, 1972, reported at 2 ELR 20553, pursuant to a stipulation. It amends its order to provide that the required environmental impact statement may be prepared by state and local officials provided that the Federal Highway Administration participates.
Counsel f...

This is an appeal from a ruling by the Administrator of the Environmental Protection Agency permitting several states to delay the submission of the transportation control portions of their implementation plans, and granting extensions for attainment of the national primary ambient air standard unde...

A Corps of Engineers stream channelization project is halted pending compliance with §§102(2)(A), (B), (C), and (D) of NEPA. Before arriving at a cost-benefit ratio, the interdisciplinary approach of §102(2)(A) requires consultation with agencies having jurisdiction over areas affected by a proje...

A statute appointing the state trustee of state wildlife gives the state a cause of action in tort against a municipality that destroys that wildlife. The judicial doctrine of governmental immunity does not protect a municipality from a statutory cause of action brought by the state. In addition, th...

Auto racing at the County Fair Grounds is a nuisance as conducted because persons of ordinary sensibilities are annoyed by the noise, and because the utility of the racing is outweighed by the social cost it imposes. The utility of the racing as recreation, as a substantial source of revenue for the...

A Wisconsin shoreland zoning ordinance that restricts a landower's right to alter the natural character of private lands near navigable waters is upheld. The Court makes the following distinction: presently enjoyed public rights may be protected from harm through zoning under the police power unless...