Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

Alabama v. Seeber

The Fifth Circuit Court of Appeals reverses a district court decision and holds that the Clean Air Act Amendments of 1970 require the Tennessee Valley Authority and the U.S. Army to comply with the permit requirements of the Alabama implementation plan before operating equipment which causes air pol...

Lathan v. Brinegar

The Ninth Circuit Court of Appeals, sitting en banc, reverses and remands a lower court's refusal to order that a new public hearing must be held under 28 U.S.C. §128(a) before further actions can be taken toward constructing two portions of interstate freeways near Seattle. Section 128(a), as amen...

Keith v. California Highway Comm'n

In a companion case to Lathan v. Brinegar, the Ninth Circuit Court of Appeals, sitting en banc, affirms a lower court order enjoining further work on an interstate freeway in Los Angeles until a new public hearing is held under §128(a) of the Federal-Aid Highway Act. Referring to its discussion of ...

American Paper Inst. v. Train

The court holds that it lacks subject matter jurisdiction to review EPA's regulations, published pursuant to the Federal Water Pollution Control Act Amendments of 1972, setting forth effluent limitations for the pulp, paper and paperboard industries. Section 509 of the statute provides that such rev...

O'Brien v. Brinegar

The court is without jurisdiction to hear plaintiffs' NEPA claims for a temporary injunction against further demolition of an allegedly architecturally unique building since no federal action is involved. In addition, the court finds that plaintiffs lack standing under the "injury-in-fact" test of S...

Steubing v. Brinegar

The court grants a preliminary injunction against further construction of a highway bridge over Lake Chautauqua because of defendants' failure to prepare a NEPA impact statement for the project. The court finds that plaintiffs are likely to succeed on the merits of their NEPA claims since Plans, Spe...

Swain v. Brinegar

The court holds that the environmental impact statement for a highway project that bisects plaintiffs' farm adequately fulfills the requirements of NEPA, and vacates a preliminary injunction against right-of-way acquisition. The corridor hearings, which were held in 1969 and thus must not be viewed ...

Nelson v. Butz

The court enjoins further construction on a dam project because the environmental impact statement prepared by the Soil Conservation Service failed to comply with the requirements of NEPA and the Council on Environmental Quality's Guidelines for the preparation of such statements. The EIS did not ad...

Sierra Club v. Lynn

The court of appeals affirms the district court's finding that HUD's environmental impact statement for the San Antonio Ranch development conformed in all ways to the requirements of NEPA. While agreeing that the original EIS did not meet NEPA's demands, it reverses the lower court's award of attorn...

Society for the Protection of N.H. Forests v. Brinegar

The court issues a preliminary injunction prohibiting federal officials from approving federal funds for construction of an interstate highway segment outside Franconia Notch State Park until a new environmental impact statement, which analyzes the effect of the entire interstate highway on the Park...