On an emergency appeal from the preliminary injunction issued in Massachusetts v. Andrus, 8 ELR 20187 (D. Mass. Jan. 28, 1978), the First Circuit declines to reverse the district court's ruling and thereby reinstate the outer continental shelf oil and gas lease sales which had been scheduled for the...

The Fifth Circuit reverses a lower court's decision that the Corps of Engineers' denial of a dredge and fill permit was neither arbitrary nor capricious. After an extended statutory analysis, the court concludes that the applicants are mistaken in contending that the relevant standard of judicial re...

The Ninth Circuit affirms a lower court's decision denying all relief in a suit challenging the construction of a proposed airport on the grounds of alleged violations of the National Environmental Policy Act (NEPA) and the Airport and Airway Development Act. Stating that NEPA is essentially a proce...

Upon direct review of a determination of the Administrator of the Environmental Protection Agency (EPA) that the intervenor utility had met its burden of proof under §316 of the Federal Water Pollution Control Act (FWPCA) in seeking an exemption from applicable thermal discharge criteria in connect...

The court denies two petitions challenging the decision of the Administrator of the Environmental Protection Agency (EPA) to approve the state of Ohio's postponement of the attainment date in its state implementation plan (SIP) for the control of particulate emissions. Petitioner utilities do not ch...

The court affirms the decision of the Administrator of the Environmental Protection Agency (EPA) that a 1965 statute directing maximum feasible pollution control measures for Burns Waterway Harbor on Lake Michigan has no effect on the issuance of a national pollutant discharge elimination system per...

The court issues declaratory and injunctive relief restraining further construction on a 21-mile segment of proposed Interstate Highway 520, ruling that plaintiffs are entitled to summary judgment on their claim that the environmental impact statement (EIS) prepared for the project is inadequate und...

The court rejects defendants' motion to dismiss a suit challenging the Department of the Interior's national program of outer continental shelf (OCS) oil and gas lease sales and Lease Sale No. 35 off southern California in particular and gives plaintiffs leave to amend the complaint by deleting issu...

The court affirms the Department of Environmental Regulation's (DER's) denial of a fill permit application filed by owners of partially submerged lots, holding that DER has broad discretion to interpret a statute to require a determination of the effects on wildlife of proposed fill projects. The co...

The court denies intervenor-defendants' motion to dismiss a suit challenging the adequacy of the environmental impact statement (EIS) prepared for the Garrison Diversion Unit because neither a stipulation staying the proceedings nor legislation appropriating funds for the project renders the case mo...