The court holds that an environmental impact statement (EIS) prepared for a federal-aid highway project is defective in that it lacks a sufficiently detailed consideration of all reasonable alternatives and was produced by the state Department of Transportation rather than the responsible federal of...

The Bureau of Land Management's regulations governing the use of off-road vehicles (ORVs) on public lands administered by the agency fail to comply with the requirements of Executive Order No 11644 and NEPA. By designating all otherwise unrestricted public lands as "open" use areas, BLM has violated...

The United States Court of Appeals has exclusive jurisdiction to hear plaintiff's challenge to the EPA Administrator's refusal to grant an emergency exemption for the use of DDT on the cotton budworm in Louisiana. The Administrator's decision to deny an exemption was made after an informal public he...

A landowner's dredging of a creek, filling of marshlands adjacent to his property, and construction of a bulkhead below the mean high water line without permits from the Corps of Engineers violates both the Rivers and Harbors Act of 1899 and the Federal Water Pollution Control Act Amendments of 1972...

The court orders Interior Department officials to prepare, consider, and disseminate environmental impact statements on annual proposals for financing the National Wildlife Refuge System, after finding that such proposals are proposals for legislation within the meaning of §102(2)(C) of NEPA, and a...

The court denies a private landowner's motion to dismiss a suit under the Rivers and Harbors Act seeking damages for harm to oyster beds and aesthetic enjoyment of a creek caused by allegedly illegal dredge, fill, and bulkheading activities. Plaintiffs may, insofar as they have alleged obstructions ...

The EPA Administrator acted illegally in exempting discharges from certain classes of point sources including storm sewers, silvicultural facilities, relatively small animal confinement facilities, and irrigation return flows, from the Nation Pollutant Discharge Elimination System permit requirement...

Section 208(a)(6) of the Federal Water Pollution Control Act Amendments of 1972 requires a state to act as the areawide waste treatment management planning agency for non-designated portions of the state in the same manner as waste treatment planning organizations designated for certain portions of ...

On appeal from partial denial of plaintiff's motion for preliminary injunction, the court of appeals concludes that the district court did not abuse its discretion in refusing to extend to the nonfederally funded elements of a state's airport expansion and development plan an injunction against cons...

The court grants in part and denies in part defendants' motions to dismiss for failure to state a claim, a suit seeking to halt construction of a 650-megawatt coal-burning power plant in western Nebraska. Plaintiff Sierra Club, which has standing to maintain this action, contends that a state constr...