The National Environmental Policy Act requires federal agencies to prepare environmental impact [§102(2)(C)] statements for proposed or continuing activities only. The requirement does not apply to decisions made by the Bonneville Power Administration regarding a transmission line, the construction...
Petition for certiorari before judgment denied, and stay of construction of two segments of an interstate highway in a public park in San Antonio, Texas (granted by the Court on Dec. 7, 1970), dissolved. No majority opinion was filed. Justices Black, Douglas and Brennan, in dissent, express concern ...
Plaintiff taconite mining company granted a variance from defendant's recently promulgated Minnesota Water Pollution Control Regulation WPC 15(c)(6), which forbids discharges of suspended solids in Minnesota waters of concentrations above 30 milligrams per liter (mg/l). The variance allows the prese...
Defendants' motion to dismiss two indictments charging them with dumping rendering plant wastes into Penobscot Bay in violation of the Refuse Act, 33 U.S.C. §407, as selective, uneven and therefore unconstitutional enforcement of the law, contrary to the U.S. Const. 5th Amend., is denied. The fact ...
Temporary stay denied of hearings conducted by the Atomic Energy Commission to determine whether power generating reactor should be licensed. Commission's refusal to allow petitioners to present evidence of thermal pollution in hearings is not a final order justifying judicial review. Agency's proce...
Plaintiffs, seven conservation organizations, obtain preliminary injunction restraining Army Corps of Engineers from carrying out channel clearing project on Gila River. 3,000 acres of phreatophytic (water consuming) vegetation along 55 miles of the river were threatened. Clearing was begun without ...
District court dismissal of action to enjoin construction of creche (nativity scene) on federal parkland in the Ellipse (Washington, D.C.) as part of annual Christmas pageant because plaintiffs lacked standing vacated and case remanded for trial on issue of whether impression created by presence of ...
Federal question jurisdiction of district court, 28 U.S.C. §1331(a) properly invoked by state of Texas in its suit for injunction against ranchers' use in New Mexico of chlorinated camphene pesticide which when carried by runoff from rainfall pollutes the water supply of 11 Texas municipalities. U....
The Executive Order that establishes the Kenai National Moose Range on Kenai Peninsula, Alaska (1941) must be construed to include the Tustumena Lake bottom in the federal withdrawal of lands which would otherwise have passed to the state of Alaska upon admission to the Union (Jan. 3, 1959). Not to ...
The Alaska Railroad Act and the Executive Order which implemented it (Aug. 31, 1915) necessarily reserved for the use of the Alaska Railroad as a terminal the tidal and submerged lands contiguous to the ordinary highwater mark on that portion of the eastern shore of Knik Arm, its tidelands and the b...