A 1973 Minnesota statute, the Power Plant Siting Act (PPSA), vested regulatory jurisdiction over electric transmission line siting with the Minnesota Environmental Quality Council (MEQC), and included a grandfather clause exempting powerlines to be constructed prior to July 1, 1974, if application t...

On plaintiff's motion for summary judgment in an action brought by the federal government to condemn rights-of-way across defendant's land providing access to timber acreage, defendant may raise as a defense the government's alleged failure to comply with the requirements of the National Environment...

The court affirms a lower court's dismissal of a suit challenging, on the grounds of alleged violations of the National Environmental Policy Act (NEPA) and Title VII of the Civil Rights Act, proposed personnel reductions at Kelly Air Force Base. The Air Force's decision that preparation of an enviro...

Imposing strict liability for a violation of the Migratory Bird Treaty Act, the court affirms the conviction of defendant corporation for killing unintentionally 92 migratory birds. Wastewater from the corporation's pesticide plant was stored in a large open pond that attracted waterfowl during migr...

The court dismisses, for lack of subject matter jurisdiction, a suit seeking declaratory and injunctive relief against the Environmental Protection Agency Administrator's decision to defer implementation of the prevention of significant deterioration (PSD) preconstruction review provisions of §165(...

The court denies defendants' motions to dismiss an indictment based on the death of migratory waterfowl as a result of the aerial application of a pesticide to farmland. Defendants were charged with misdemeanor violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), for applyi...

The court denies plaintiff's motion for a preliminary injunction to prevent defendants from carrying out experimental research involving recombinant DNA in certain strains of bacteria. Under a prior stipulation, proceedings were stayed until a final environmental impact statement (EIS) was prepared,...

On defendant's motion to clarify an earlier injunctive order requiring preparation of a programmatic environmental impact statement (EIS) on a proposed highway project, the court exempts a five-mile portion of one segment of the highway from the injunction against construction or right-of-way acquis...

The court grants summary judgment for defendants and finds that the decision not to prepare an environmental impact statement (EIS) before consolidating and transferring offices of the Defense Mapping Agency (DMA) to its Brookmont facility does not violate the National Environmental Policy Act (NEPA...

The court upholds an Environmental Protection Agency regulation requiring its regional administrators to include in national pollutant discharge elimination system (NPDES) permits issued under §402 of the Federal Water Pollution Control Act (FWPCA) a condition providing that more stringent toxic po...