The court refuses to dismiss an indictment against a corporation for causing water pollution in violation of the Federal Water Pollution Control Act Amendments of 1972. Under §309 of the statute, the EPA Administrator is not required to proceed first to effect a correction of a statutory violation ...

The final environmental impact statement for a proposed six-mile interstate highway segment in New Hampshire and Vermont fails to comply with the requirements of NEPA. The EIS is inadequate because it does not assess the incidental environmental effects that construction of this segment will have on...

The balance of prospective irreparable damages to plaintiffs and defendants does not favor issuance of an injunction pending appeal in a suit challenging the adequacy of a Forest Service-prepared NEPA impact statement on the granting of an easement across national forest land for construction of a l...

The D.C. Circuit Court of Appeals declines to award attorney fees to public interest plaintiffs in a suit which resulted in EPA's promulgating regulations governing the use of lead additives in gasoline pursuant to §211 of the Clean Air Act. Section 304(d) of the statute authorizes an award of atto...

The court rules that the Bureau of Land Management's programmatic environmental impact statement for its livestock-grazing permit program under the Taylor Grazing Act is not sufficient, alone, to comply with the requirements of NEPA. BLM must therefore prepare additional impact statements that discu...

The Fifth Circuit Court of Appeals affirms a lower court's issuance of a permanent injunction against the filling of certain tidal marshlands. Defendant has made no clear showing that the district court erred in finding the creek which adjoins the marshland navigable in fact, or in determining that ...

The D.C. Circuit Court of Appeals reverses a lower court ruling granting summary judgment against plaintiffs who sought to close down a municipal incinerator. Two City Council-approved postponements of the scheduled July 4, 1973, closing date for the incinerator did not constitute valid revisions of...

The D.C. Circuit Court of Appeals holds valid EPA's stationary source standards, promulgated under §111 of the Clean Air Act, for new or modified Portland cement plants. The Administrator's response to the court's earlier remand order adequately reconsiders and clarifies those matters that the cour...

The D.C. Circuit Court of Appeals upholds an Atomic Energy Commission order denying plaintiff's request for a shutdown or derating of 20 nuclear power plants on the basis of the alleged inadequacy of Interim Acceptance Criteria (IAC) for emergency core cooling systems. The order is neither arbitrary...

In an action brought under the Rivers and Harbors Act of 1899, the court orders a developer who commenced canal building and modification without a Corps of Engineers permit to restore preexisting canals to their original depth, plug and fill in those canals it has constructed, and replant the mangr...