The Ninth Circuit Court of Appeals affirms a lower court's dismissal of an action seeking to enjoin further construction of a large shopping center and to compel state and federal officials to promulgate regulations which would prevent such pollution-creating developments. California's Clean Air Act...

The court grants summary judgment against plaintiffs seeking to enjoin the use of federal land and rights-of-way for the construction and operation of the coal-fired Jim Bridger power plant in Wyoming. Plaintiffs' contentions (1) that the project's NEPA impact statement is inadequate, (2) that the E...

The Michigan Supreme Court splits 3-3 on the issue of whether a provision in the state constitution requiring protection of the state's natural resources creates a mandatory legislative duty or is merely declaratory. The court finds a mandatory duty, but further finds that this duty is satisfied by ...

The Eighth Circuit Court of Appeals, sitting en banc, upholds a district court injunction against logging in the Boundary Waters Canoe Area (BWCA), pending the filing by the U.S. Forest Service of a final environmental impact statement for its new BWCA Management Plan. Even though the logging in que...

The court grants partial summary judgment against plaintiff who alleged that the Brushland Management Program of the U.S. Forest Service violates both NEPA and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Plaintiff's contention that defendants are violating FIFRA by using a pesti...

In a criminal proceeding under the Refuse Act, the court denies defendant's motions to suppress evidence derived from discharge samples taken on defendant's premises by EPA. The court finds that the defendant was not deceived as to the possible use of the samples in criminal proceedings and that the...

In an action brought by the United States to enjoin the unauthorized depositing of sand, dirt and dredged spoil on mangrove wetlands which are periodically inundated by the tide, the court declares such filling illegal under the Federal Water Pollution Control Act Amendments of 1972 and orders the d...

The Ninth Circuit Court of Appeals affirms, with modifications, a district court's ruling that the Micronesia Trust Territory government is not a federal agency subject to review under the Administrative Procedure Act of NEPA, and that the Trusteeship Agreement does not vest plaintiffs with individu...

The court enjoins the Office of Interstate Land Sales of the Department of Housing and Urban Development from approving a developer's Statement of Record and Property Report under the Interstate Land Sales Act for a planned development of 3,000 homes along the Illinois River until a NEPA impact stat...

The Ohio Supreme Court rules that the state, as trustee of its wildlife for the benefit of the public, has an obligation to bring suit for civil damages against a municipality whose negligent operation of a sewage treatment plant resulted in a fish kill in the Portage River. The municipality may not...