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National Wildlife Fed'n v. Burford

In a suit to enjoin the sale of federal coal leases in the Powder River Coal Region of Montana and Wyoming, the court grants defendants' motion for a transfer of venue to the Montana district court. Venue is proper in Montana since three of the five plaintiffs are located in Montana, all of the plan...

Miami Valley Conservancy Dist. v. Alexander

The court holds that the Great Miami River in Ohio and four of its tributaries are not navigable within the meaning of §10 of the Rivers and Harbors Act of 1899. Since the parties agree that no use of these waterways for commercial purposes occurred after 1830, the court considers the question of n...

Oregon Envtl. Council v. Kunzman

The court rules that a site-specific environmental impact statement (EIS) is not required under the National Environmental Policy Act (NEPA) prior to aerial broadcast spraying of insecticide to eradicate the gypsy moth in South Salem. Initially, the court holds that plaintiffs do not have a private ...

Oregon Envtl. Council v. Kunzman

The court orders defendants to comply with insecticide spraying guidelines set forth in the work plan for the South Salem gypsy moth eradication program. It holds that Oregon's proposed work plan does not significantly deviate from the programmatic environmental impact statement (PEIS) prepared by t...

Oregon Envtl. Council v. Kunzman

After refusing to enjoin aerial spraying of insecticide in South Salem, Oregon, 12 ELR 20766, 20769, the court rules that it has authority under the Administrative Procedure Act (APA) to review plaintiffs' allegations that the proposed gypsy moth eradication program violates the Federal Insecticide,...

National Wildlife Fed'n v. Goldschmidt

The Second Circuit affirms two district court decisions finding that the Department of Transportation (DOT) complied with the National Environmental Policy Act (NEPA) and the Department of Transportation Act in approving the I-84/I-86 connecting highway, 12 ELR 20054, and dismissing as unripe a NEPA...

National Tank Truck Carriers, Inc. v. New York, City of

The court of appeals affirms a district court decision upholding the constitutionality of New York City Fire Department regulations governing the transportation of hazardous gases through the city by tank truck. Since the rules, which limit the routes over which and times during which gases may be t...

Mobay Chem. Corp. v. Gorsuch

The Third Circuit upholds the constitutionality of provisions in the Federal Insecticide, Fungicide, and Rodenticide Act governing the Environmental Protection Agency's (EPA's) use of test data submitted in support of applications for registration of pesticides, but remands the pertinent EPA regulat...

Kaiser Cement Corp. v. San Diego Air Pollution Control Dist.

The court holds that a plaintiff in a citizen suit under the Clean Air Act must meet minimum constitutional standing requirements. Since plaintiff failed to allege any injury resulting from defendants' alleged statutory violation in granting a permit for a cement facility, the action against local a...

American Trucking Ass'ns v. Boston

The court preliminarily enjoins the city of Boston from enforcing certain rules governing the transportation of hazardous materials through city streets. Under the Hazardous Materials Transportation Act (HMTA) only those state rules that are inconsistent with federal regulations are preempted. The c...