The court modifies its former opinion that the state Environmental Policy Act did not apply in a highway condemnation case. The modification clarifies that plaintiffs' request for a detailed environmental statement was not timely made, and the statement is thus not required. The decision itself is n...

On the basis of newly discovered evidence, the Ninth Circuit orders the district court to entertain the Sierra Club's motion for a new trial to determine the adequacy of a Forest Service timber cutting plan. The evidence is a report which recommends revision of the cutting plan to protect environmen...

The court has no jurisdiction to review a lease by the Pacific Islands Trust Territory Commissioner of public lands for hotel construction. The National Environmental Policy Act is applicable in the Trust Territory, but the Trust Territory government is not a federal agency subject to review under t...

A three-judge district court denies a preliminary injunction pending appeal in a suit to enjoin enforcement of Interstate Commerce Commission orders permitting surcharges on rail freight rates. For the earlier opinion of this court, see 2 ELR 20486. For the opinion of Chief Justice Burger, sitting a...

The Administrator of the Environmental Protection Agency is not required to furnish a hearing pursuant to the Administrative Procedure Act (APA) before he approves a state implementation plan under the Clean Air Act if (1) the petitioners were afforded a full opportunity to be heard at an adequate s...

A temporary injunction against the dredging of New Haven harbor by the Army Corps of Engineers pending compliance with the National Environmental Policy Act is made permanent. The Corps now admits that the project requires compliance with NEPA, but this acknowledgment is not sufficient ground for di...

A summary judgment against defendants who are asserting an easement across public land for a road presently under construction is overturned, and the case remanded. Whether the defendants are entitled to the easement of necessity because their land is surrounded by public land is an issue of fact wh...

The Court of Appeals for the Eighth Circuit sustains an order of the Environmental Protection Agency requiring a producer of Lindane vaporizers, which were previously misbranded under the Federal Insecticide, Fungicide, and Rodenticide Act, to include on the label a statement that the vaporizers are...

In a suit to enjoin the practice of depositing raw sewage in Lake Michigan, the court denies motions to quash service of process and to dismiss for lack of personal jurisdiction or for improper venue. The court holds that (1) the Illinois long-arm statute authorize service of process, since the defe...

A previous ruling that the Secretary of Transportation can delegate his responsibility for preparing an impact statement under NEPA to a state highway department is vacated. In the final order, defendants consent to alter the proposed route of the interstate highway in question. See amending memoran...