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...
The court enjoins the U.S. Department of Housing and Urban Development and the Philadelphia Redevelopment Authority from terminating leases in furtherance of an urban renewal project until a NEPA impact statement has been prepared. The defendants are permitted to demolish certain dilapidated buildin...
The Seventh Circuit Court of Appeals reverses a lower court ruling and holds constitutional an ordinance of the city of Chicago which bans the use of detergents containing phosphates. The court finds that the ordinance only slightly burdens interstate commerce, and that the prevention and eliminatio...
The Ninth Circuit Court of Appeals affirms a lower court's ruling that the environmental impact statement for the Teton Dam and Reservoir project in Idaho adequately fulfills the requirements of NEPA, and that injunctive relief against further construction should therefore be denied. Using a standar...
The D.C. Circuit Court of Appeals grants an injunction against further federal action toward coal development in the Eastern Powder River Basin pending plaintiffs' appeal from a lower court's dismissal of a suit seeking to require the Secretary of the Interior to prepare a programmatic NEPA impact s...
The Second Circuit Court of Appeals upholds an Occupational Safety and Health Administration's health standard that requires that no worker in the vinyl chloride industry be exposed to concentrations of vinyl chloride in excess of one part per million (ppm) averaged over an eight-hour period. OSHA's...
The EPA Administrator violated the FWPCA Amendments of 1972 when he refused to allot the full amount authorized for construction of sewage treatment plants, as Congress had specifically forbidden impoundment of those funds. Section 207 of the Act authorized the appropriation of $11 billion in fiscal...
The court rules that plaintiff's suit against EPA, which resulted in a consent judgment and a stipulated timetable for the promulgation of guidelines and regulations mandated by the Federal Water Pollution Control Act Amendments of 1972, presents an appropriate instance for an award of attorney fees...
On remand from the Fifth Circuit, the court upholds the Army Corps of Engineers' denial of defendant-developer's application for an after-the-fact dredge and fill permit to legitimize canals already constructed through a mangrove swamp. The court then goes on to order the developer to fill in the il...
The Supreme Court of Michigan unanimously holds that the trial court's findings of fact and conclusions of law in a suit brought under the state Environmental Protection Act fail to meet the requirements of the Act and of the statute governing trial court findings. The court rules that specific and ...