Affirming the district court's denial of relief, 10 ELR 20247, the Fifth Circuit Court of Appeals rules that appellant has no implied cause of action under the National Environmental Policy Act (NEPA) to obtain injunctive relief requiring appellees to maintain the noise and other environmental impac...
The Court upholds the Department of Housing and Urban Development's (HUD's) determination that a proposed 60-unit low-rent housing project is not a major federal action requiring preparation of an environmental impact statement (EIS). Applying the arbitrary and capricious standard of review set out ...
The court holds that, under §1323(a) of the Alaska National Interest Lands Conservation Act (Alaska Lands Act), Burlington Northern, Inc., has a right-of-access to its timberland inholdings within the Gallatin National Forest. Section 1323(a) requires the Secretary of Agriculture to provide access ...
The court upholds the Federal Aviation Administration's (FAA's) finding that increased use of runway 13L at the Dallas-Fort Worth Regional Airport for a 60-day test period does not require preparation of an environmental impact statement (EIS). Applying a "reasonableness" standard of review, the cou...
The Third Circuit Court of Appeals reverses the district court's dismissal of appellants' action for improper venue and rules that an action under the Outer Continental Shelf Lands Act (OCSLA) against government defendants may be brought in any judicial district. Appellants brought suit in the Distr...
The court of appeals upholds the Environmental Protection Agency's (EPA's) approval of the Northern Cheyenne Tribe's redesignation of its reservation, for purposes of the prevention of significant deterioration (PSD) program under the Clean Air Act, from Class II to Class I. The gravamen of the argu...
The district court rejects challenges raised by the owner of two stationary sources to search warrants obtained by the Environmental Protection Agency (EPA) in connection with the inspection of the sources, and upholds the taking of photographs by EPA inspectors. The court concludes that although, u...
The court enjoins the Department of the Interior (DOI) and the state of North Dakota from proceeding with construction of the Garrison River diversion project for lack of congressional authorization. In 1977, plaintiff filed suit challenging the adequacy of the project's environmental impact stateme...
The district court denies the Aluminum Co. of America's (ALCOA's) motion to quash an administrative search warrant, ruling that under §114(a)(2) of the Clean Air Act the Environmental Protection Agency (EPA) is authorized to use non-Agency personnel in making inspections of emission sources. The co...
The district court denies Stauffer Chemical Co.'s motion to quash an administrative search warrant obtained by the Environmental Protection Agency (EPA), concluding that under §114(a)(2) of the Clean Air Act EPA is authorized to use non-Agency employees in making inspections of emission sources. On...