On consolidated appeals from orders of the United States District Court for the Western District of Washington issued to enforce its decision in United States v. Washington, 5 ELR 20552, the Ninth Circuit reaffirms the validity of the legal bases of that decision and upholds the district court's sub...

The United States Court of Appeals for the D.C. Circuit reverses a district court's ruling, 5 ELR 20383, that the National Environmental Policy Act (NEPA) requires preparation of an environmental impact statement (EIS) on an annual budget request for operation of the National Wildlife Refuge System....

The court grants injunctive relief under the federal common law of nuisance against the city of Milwaukee because of the risk of interstate injury and lake eutrophication caused by the city's sewage discharges into Lake Michigan. Milwaukee's sewage treatment facilities are inadequate, and often raw ...

Affirming in part and remanding the case on one issue, the court holds that the trial court erred in dismissing for failure to exhaust administrative remedies plaintiffs' claim that issuance of access road construction permits by the Forest Service was a major federal action under the National Envir...

The Supreme Court affirms a New York Court of Appeals ruling, 7 ELR 20579, that the restrictions imposed under New York City's Landmarks Preservation Law on Penn Central's right to construct an office building above Grand Central terminal do not constitute a taking of private property. Justice Brenn...

The Supreme Court holds that a New Jersey law that prohibits the importation of solid or liquid waste originating outside the state is a violation of the Commerce Clause. After an initial determination that the state law has not been preempted by the Resource Conservation and Recovery Act of 1976, J...

Granting judgment for defendants, the court rules that plaintiffs are barred by laches from bringing a lawsuit alleging that, pursuant to the National Environmental Policy Act (NEPA), an environmental impact statement (EIS) should have been prepared prior to the grant of a permit for a regional sani...

The court denies a petition for review challenging defendant's issuance of a license for construction of electric transmission lines from the Seabrook Nuclear Power Station subject to the condition that the proposed route be modified to minimize adverse environmental effects on a nearby swamp. The m...

The Washington Supreme Court affirms a trial court's decision upholding the Seattle Superintendent of Buildings' denial of an application for a permit to construct a 13-story building because of prospective adverse impacts on the environment. The State Environmental Policy Act (SEPA) confers upon th...

The United States Supreme Court affirms, in a 5-4 decision, a state court ruling, 7 ELR 20696, that the United States does not hold reserved rights to use water from the Rio Mimbres for the purposes of recreation, wildlife preservation, and stock watering in the Gila National Forest. An examination ...