The court refuses to enjoin construction of a 300-foot tower on private property adjacent to Gettysburg National Park, but remands the case to the Secretary of the Interior for a statement of reasons why no NEPA impact statement was prepared in conjunction with the execution of a land exchange trans...
A proposed recreational development to be constructed in Cookeville, Tennessee, and partially funded by the U.S. Soil Conservation Service, is a major federal action significantly affecting the environment, and requires preparation of an environmental impact statement. The "environmental statement" ...
The court affirms a lower court's denial of injunctive relief in an action seeking to prohibit the rental by a developer of unused space within an irrigation pipeline and distribution system built with federal reclamation loans in order to transport the developer's well water to a resort complex. Un...
The court reverses a lower court and holds that plaintiff need not show irreparable harm in order to obtain injunctive relief against an unlicensed stripmining operation. Injunctive relief is a statutorily authorized remedy under the state law prohibiting stripmining without a license, and therefore...
The court denies a motion to reconsider its grant of summary judgment against plaintiffs who sought to enjoin the Bonneville Power Administration (BPA) from furnishing electrical power to a magnesium ferrosilicon plant recently under construction. Plaintiffs' contention that BPA's NEPA impact statem...
The Ninth Circuit Court of Appeals finds that NRDC and the Arizona Nurses Association lack standing to challenge EPA's decision regarding the adequacy of the Arizona air quality implementation plan, but proceeds to review that decision since the remaining petitioner does have standing. The "injury-i...
The Army Corps of Engineers has jurisdiction under the FWPCA Amendments of 1972 to require applications for permits for any discharge of dredged material into waters of the United States up to the mean higher high water (MHHW) line. The traditional limit of the Corps jurisdiction, the mean high wate...
The Seventh Circuit Court of Appeals reverses a municipal sanitary district's conviction and $500 fine under the Refuse Act for allowing phenolic resin, atoxic industrial liquid, to be discharged into Lake Michigan. The resin was accidentally discharged from an industrial plant into the municipal se...
In a suit challenging EPA 's failure to issue effluent limitation guidelines under §304(b)(1)(A) of the FWPCA, plaintiffs' noncompliance with the 60-day notice requirement of the Act's citizen suit provision does not deprive the court of jurisdiction over the case. The citizen suit provision was in...
The Securities and Exchange Commission failed to comply with the procedural requirements of the Administrative Procedure Act in formulating and promulgating its regulations requiring corporate disclosure of the effect of environmental laws on corporate financial condition, and of environmental litig...