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...

NEPA makes no provision for awarding damages or restitution to a private party. A landowner therefore cannot recover such compensation under the statute for state condemnation of 0.4 acres of his land for use in a planned federally funded highway project. The court also rules that when a state court...

After a full trial on the merits, the court denies plaintiffs' plea for injunctive and declaratory relief against an Army Corps of Engineers project to build a dam on the Meramec River near St. Louis and awards defendants costs. In finding all plaintiff's allegations of noncompliance with NEPA, the ...

Attempts by the Departments of Interior and Agriculture and the Army Corps of Engineers to control the development of coal resources in the Northern Great Plains show that a regional program of major federal action is contemplated, for which preparation of a programmatic NEPA impact statement may be...

This action was brought under §304 of the Clean Air Act to challenge the EPA Administrator's refusal to revise standards for new coal-fired power plants previously promulgated under §111 of the Act. The district court properly dismissed for lack of jurisdiction, since the plaintiffs are actually a...

Cattle ranchers are ordered to limit their pumping of underground water to quantities that will maintain a high enough water level in nearby Devils Hole pool, in the Death Valley National Monument, to preserve the pupfish, an endangered species that inhabits the pool. The Presidential Proclamation o...

The Department of Housing and Urban Development (HUD) failed to comply with the mandate of NEPA in not undertaking a consideration of alternatives to a federally funded urban renewal housing construction project in New York City which had been redesignated for 100 percent low-income occupancy. Under...

The court is without jurisdiction to review the EPA Administrator's decision to grant Ohio's application to operate its own state permit program under §402 (b) of the Federal Water Pollution Control Act Amendments of 1972 as part of the National Pollutant Discharge Elimination System. The petition ...

A district court judgment denying a preliminary injunction against widening a six-lane highway near the campus of Michigan State University is affirmed by the Sixth Circuit. The district court did not abuse its discretion in denying the injunction since the project is substantially completed, its ad...

The Supreme Court of Oregon, en banc, upholds the trial court's finding that defendants' operation of a private airstrip represents a nuisance to plaintiffs' adjacent farm. Plaintiffs' claim of interference with the use of their property caused by both overhead flights and the noise and vibrations f...