The decision of the trial court, 1 ELR 20073, granting a variance from a regulatory standard is reversed. Although a trial court can properly conclude that a state agency's regulation is invalid as applied, it cannot compel the negotiation of a variance. The court must relinquish the matter to the s...

The court denies the motion of Tulare County to intervene as a party defendant in a suit to restrain a recreational development in the Mineral King area of Sequoia National Park. The court holds that under Fed. R. Civ. P. 24(a)(2) the county asserts no real interest in the case when it seeks to impr...

The court grants a preliminary injunction against further activity on the Chicod Creek Watershed Project. The court holds the environmental impact statement fails to comply with the requirements of the National Environmental Policy Act in that it does not fully disclose adverse environmental consequ...

The court denies a preliminary injunction sought to restrain further construction of a reef runway at Honolulu International Airport. The court finds the environmental impact statement is sufficient to meet the requirements of the National Environmental Policy Act, especially in light of attachments...

Two regulations of the New Mexico Water Quality Control Commission concerning effluent discharge are void because the court's record does not contain the Commission's basis for adopting the regulations, and judicial review of the regulations as authorized by the Water Quality Act is impossible. Furt...

Michigan has authority under its Environmental Protection Act to regulate the alleged treaty right of Indians to fish in Lake Michigan in a reasonable and non-discriminatory manner when necessary to conserve fish as a natural resource.
Counsel for PlaintiffRobert H. GilletteWheeler, Upham, Bryant, ...

An injunction is granted against any mining activity in the Boundary Waters Canoe Area (BWCA) of Minnesota. The court holds that: (1) Congress has the power to forbid all mineral activities in national forest wilderness areas if the regulation is reasonable; and (2) the inconsistency in the 1964 Wil...

In an action to restrain the discharge of waste water into Lake Michigan, the court denies defendant's motion to dismiss and holds that plaintiffs have a federal common-law cause of action under Illinois v. Milwaukee, 2 ELR 20201, to abate a nuisance in navigable waters. The court holds (1) a state ...

The court holds that under a contract between the Federal Aviation Agency (FAA) and the Metropolitan Transit Authority, FAA must grant prior approval to any expansion of Stewart Airport that might adversely affect the safety, utility and efficiency of the Airport. The court goes on to hold that the ...

Trials court's determination that the Michigan "Air Pollution Act" is an unconstitutional delegation of legislative authority to the courts is reversed since it is unnecessary for the disposition of this case. Suit is dismissed against the Secretary of State and the State Director of Highways for fa...