Although rejecting one ruling of the lower court, the court of appeals nonetheless affirms the district court's refusal, 5 ELR 20568, to issue a preliminary injunction against defendants' widening of a stretch of I-95 in Massachusetts. The 1975 NEPA amendment and the district court finding that ther...

This action to stop construction of an interstate highway bypass over Lake Cross, an artificial lake near Shreveport, Louisiana, was tried on the merits following court of appeals affirmance, 6 ELR 20093, of this court's refusal to grant a preliminary injunction. Despite plaintiffs' thorough four-pr...

The court approves a settlement agreement in four consolidated cases challenging regulation of toxic water pollutants by the Environmental Protection Agency (EPA). Civil Action No. 2153-73 sought to compel EPA to expand the list of toxic pollutants promulgated under §307 of the Federal Water Pollut...

The court dismisses for lack of jurisdiction an industry petition for review of EPA's action in partially approving New York State's revised water quality standards, 40 C.F.R. §120.10, 40 Fed. Reg. 13216 (Mar. 25, 1975) developed pursuant to §303 of the Federal Water Pollution Control Act (FWPCA),...

The court dismisses for lack of jurisdiction a petition for review of a National Pollutant Discharge Elimination System (NPDES) permit modification issued by the Commissioner of the Connecticut Department of Environmental Protection pursuant to §402 of the Federal Water Pollution Control Act Amendm...

The court reverses and remands a decision of the Nuclear Regulatory Commission granting construction permits for a proposed nuclear power plant in Midland, Michigan, because the NEPA environmental impact statement (EIS) for the project failed to consider explicitly the alternative of energy conserva...

In a Federal Water Pollution Control Act (FWPCA) citizen suit, the court holds that discharges by defendant sewer authority in violation of its national pollutant discharge elimination system (NPDES) permit created a nuisance at plaintiffs' lake and surrounding property and constituted a compensable...

The court holds that the decision by the Secretary of the Interior and the Fish and Wildlife Service to prepare a final version of the Alaska National Interest Lands Conservation Act (ANILCA) §1002 report to Congress on the impact of oil and gas development on the arctic coast and the accompanying ...

The court holds that the Bureau of Land Management (BLM) did not violate the National Environmental Policy Act (NEPA), Federal Land Policy and Management Act (FLPMA), Public Rangeland Improvement Act (PRIA), or Taylor Grazing Act in its preparation of a comprehensive grazing management plan for publ...

The court holds that a Montana statute, upon which a Lacey Act conviction is based, that forbids transport of raptors without a permit, is not unconstitutionally vague, but the government failed to meet its burden of proof for a conviction under the Endangered Species Act. The court first rules that...