Primarily because of the inadequacies of an environmental impact statement (EIS), the court issues a preliminary injunction against a North Carolina secondary highway improvement project funded in part by the Federal Highway Administration. Although the project EIS was not vitiated by having been pr...
The Second Circuit Court of Appeals reverses and remands a lower court's dismissal of a complaint alleging that the Navy's dumping of polluted dredge spoil at the New London dump site in Long Island Sound violates both NEPA and the Federal Water Pollution Control Act Amendments of 1972. In view of t...
The court upholds a decision by the Adirondack Park Agency to prohibit boathouses in its approval of plans to develop private property fronting on a lake used as a part of a scenic waterway within the park and designated a recreational river by state statute. Because the act creating the agency esta...
The Environmental Protection Agency is without authority under the Clean Air Act to require the state of Maryland to enact a vehicle retrofit program and establish bikeways as part of the Baltimore Transportation Control plan. The canons of statutory construction dictate this interpretation of the A...
A local planning board's preliminary approval of a subdivision plat for a dunes area is revoked. In determining that the parcel was not tidal wetlands within the meaning of a New York State law protecting such areas, the board failed to consider a major portion of the statutory definition of tidal w...
The court denies plaintiff's motion for a preliminary injunction against air transportation of plutonium and other special nuclear materials pending trial on its claim that preparation of a NEPA impact statement is required for the transport program. Even assuming there is a sufficient likelihood of...
The court withdraws and vacates a portion of its earlier opinion, 4 ELR 20204, invalidating state-granted variances from a Clean Air Act implementation plan; the ruling in question was reversed by the Supreme Court in Train v. Natural Resources Defense Council, 5 ELR 20264.
Counsel are listed at 4 ...
On rehearing en banc, the Fifth Circuit Court of Appeals unanimously affirms a lower court's decision denying plaintiffs' request for attorney fees on the basis of the Supreme Court's decision in Alyeska Pipeline Service Co. v. Wilderness Society, 5 ELR 20286. For the original panel opinion denying ...
Landowners who unsuccessfully applied for homestead entry on certain land seek to upset the Secretary of the Interior's prior classification of the land in question as "suitable for retention in federal ownership" and thus unavailable for homesteading under the Multiple Use Act of 1974, ELR 41408. P...
This action by a farm workers' organization sought to compel the Secretary of Labor to issue a permanent "field reentry" standard limiting farm worker exposure to pesticides under the Occupational Safety and Health Act (OSHA). The Secretary did issue an "emergency temporary standard" in 1973, but to...