Because strong public policies are promoted by this suit, because numerous people have received benefits from plaintiffs' litigation success and because only a private party could have been expected to bring this action, the court exercises its equitable powers and awards attorney fees and expert wi...

In a suit to enjoin the dredging of the New Haven, Connecticut, harbor and the deposit of the dredged materials into Long Island Sound because of the failure of the Army Corps of Engineers to prepare an environmental impact statement, plaintiff Sierra Club has standing in that it alleges injury-in-f...

The court dismisses a counterclaim by Humboldt Fir, a logging company, against the Sierra Club, which had sought an injunction against logging in a national forest near the Salmon-Trinity Alps Primitive Area in Northern California pending a review of the area for inclusion in the National Wilderness...

In order to be considered a navigable water within the meaning of the 1899 Refuse Act, a body of water must meet a threefold test of navigability: It must be presently used or suitable for use; or it must have been used or suitable for use in the past, or, thirdly, there exists the possibility that ...

The completion of the connecting and final segment of a Forest Service road in the Monongahela National Forest is not a major federal action within the meaning of NEPA, and, therefore, the Supervisor of the National Forest acted correctly by proceeding with the project without first filing an enviro...

A suit challenging the expansion of Portland International Airport and the construction of a highway and bridge is dismissed. A National Environmental Policy Act (NEPA) impact statement is unnecessary in the case of an ongoing project where no major federal action has been taken since the Act became...

A suit for preliminary and permanent injunctive relief against the demolition of buildings in the Market Square Historic District of St. Joseph, Missouri, brought under the National Historic Preservation Act of 1966 (NHPA) and the National Environmental Policy Act of 1969 (NEPA), is dismissed. It is...

A suit to enjoin the planned relocation of a Pennsylvania highway and to order mandatorily the repair and upgrading of the roadbed is dismissed. The court holds inter alia that: (1) the defendant state officials and independent contractors are immune to suit; (2) the National Environmental Policy Ac...

The district court denies the motion for summary judgment of federal and state authorities and preliminarily enjoins any further action on the Devil's Slide Bypass highway project, still in the planning stage, until the federal defendants comply with the Federal Highway Act (FHA) and the National En...

Summary judgment is granted to defendants in a suit claiming damages under the Federal Tort Claims Act, as amended, for ratiation exposure and seeking to enjoin further testing by the Atomic Energy Commission and to force compliance with the substantive policies of the National Environmental Policy ...