The Court of Appeals for the Fifth Circuit affirms the denial of preliminary injunctive relief in a suit to enjoin construction of three reservoirs and a dam on the San Gabriel River. The trial court correctly concluded that plaintiffs would be unlikely to establish that (1) modifications by the Cor...

A suit seeking an injunction against the construction of a segment of a federally funded interstate highway on the grounds that there were violations of the National Environmental Policy Act (NEPA) is dismissed. The court holds that the environmental impact statement contains sufficient discussion a...

The Court of Appeals for the First Circuit affirms a judgment upholding the validity of a zoning ordinance designed to prevent a development that would disturb the ecological balance in the area. The court concludes that the town was not unreasonable in deciding that the general welfare would be adv...

The district court affirms its own jurisdiction and preliminarily enjoins the Environmental Protection Agency (EPA) from promulgating a Clean Air Act emission standard contained in a state implementation plan. The court rules that Anaconda is entitled to a trial type hearing because the standard app...

Preliminary and permanent injunctive relief is denied against street construction work designed to widen a major traffic artery. The court concludes that the project is not a "major federal action" within the meaning of §102(2)(C) of the National Environmental Policy Act (NEPA) and that an environm...

In a suit for injunctive relief against the development and operation of two nuclear plants for failure to file an environmental impact statement in conformity with the National Environmental Policy Act (NEPA), the court denies defendants' motion to dismiss and plaintiffs' motion for summary judgmen...

Summary judgment is granted against further construction of a federally funded highway. The court holds that the National Environmental Policy Act (NEPA) does not bar delegation to state authorities of the duty to prepare an environmental impact statement in the first instance. However, the court ru...

A permanent injunction is granted against a project to build a bridge. The court holds that the existing environmental statement reveals inadequate consideration of air and noise factors and consequently fails to satisfy either §102(2)(C) of the National Environmental Policy Act (NEPA) or §4(f) of...

The Court of Appeals for the Fifth Circuit vacates part of a judgment denying injunctive relief against construction of a federal office building and remands for further proceedings. For the earlier opinion of the district court, see 2 ELR 20305. The court holds that, under the National Environmenta...

EPA's failure to prepare a state implementation plan under the Clean Air Act within two months following disapproval of the plan submitted by California violates a non-discretionary duty imposed by §110(c) of the Act and warrants an injunction requiring EPA to prepare a plan within two months. Alth...