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Natural Resources Defense Council v. Energy Research & Dev. Admin.

In a suit challenging the Energy Research and Development Administration's (ERDA's) nuclear waste management program, the court grants defendants' motion for summary judgment on counts I and III of the complaint, which allege that defendants must obtain a license from the Nuclear Regulatory Commissi...

Marshall v. Barlow's, Inc.

In a five-to-three decision, the Supreme Court affirms the ruling of a three-judge district court declaring §8(a) of the Occupational Safety and Health Act (OSHA) unconstitutional. Writing for the majority, Justice White concludes that §8(a), which authorizes inspection of the work area of any fac...

Maryland ex rel. Burch v. Costle

The court grants the Environmental Protection Agency (EPA) Administrator's motion for summary judgment in a suit challenging his decision to stop further processing of an application for federal funding of a proposed sewage treatment plant near Dickerson, Maryland. Plaintiffs are mistaken in asserti...

Texas Comm. on Natural Resources v. Bergland

Reversing the lower court's issuance of injunctive relief, 7 ELR 20720, the court of appeals rules that the Forest Service need not prepare a programmatic environmental impact statement (EIS) for clearcutting in Texas national forests pursuant to interim guidelines under the National Forest Manageme...

Long Beach, Township of v. New York, City of

The court denies defendants' motion to dismiss claims under the Federal Water Pollution Control Act (FWPCA), the Marine Protection, Research and Sanctuaries Act (MPRSA), and the federal common law of nuisance seeking declaratory and injunctive relief against the defendants' dumping of garbage and se...

Avondale Irrigation Dist. v. North Idaho Properties, Inc.

Consolidating and deciding two cases, the court concludes that the non-consumptive water rights, reserved by the United States, to the natural flow of several streams in two national forests are limited to the amount necessary to accomplish the purposes of timber and watershed protection. Reviewing ...

S.W. Neighborhood Assembly v. Eckard

The court grants plaintiffs' motion for summary judgment in a suit challenging the General Services Administration's (GSA) failure to prepare an environmental impact statement (EIS) in conjunction with an agreement to lease a privately owned building for federal office space. By definition, the five...

Sierra Club v. Cavanaugh

Plaintiff's challenge on National Environmental Policy Act (NEPA) grounds to the construction of two rural water supply systems is rejected. The Minnehaha system has been in planning stages since 1971, is currently 98 percent completed, and the evidence shows that the bases of plaintiff's legal chal...

New Haven, City of v. Chandler

The court denies plaintiff's request for an injunction against construction of three electrical transmission towers in New Haven Harbor. Pursuant to §10 of the Rivers and Harbors Act of 1899, the Corps of Engineers issued a permit for the project after determining that the environmental effects of ...

Leslie Salt Co. v. Froehlke

In consolidated cases seeking declaratory judgments as to the limits of the Corps of Engineers' regulatory jurisdiction over tidal waters on the Pacific Coast, the Ninth Circuit, modifying in part and reversing in part the judgment of the trial court, 5 ELR 20039, rules that (1) under the Rivers and...