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Romulus, City of v. Wayne, County of

The Court enjoins all federal participation in the planning, funding or construction of a proposed runway at the principal airport serving metropolitan Detroit until an environmental impact statement which meets the requirements of NEPA is prepared. The present Federal Aviation Administration EIS fo...

United States v. Phelps Dodge Corp.

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 ...

Appalachian Mountain Club v. Brinegar

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...

Alpine Lakes Protection Soc'y v. Schlapfer

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...

Natural Resources Defense Council v. EPA

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...

Natural Resources Defense Council v. Morton

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...

United States v. Diamond

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 ...

Metropolitan Wash. Coalition for Clean Air v. District of Columbia

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...

Portland Cement Ass'n v. Train

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...

Nader v. NRC

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...