The court enjoins further channelization of Luxapalila Creek, a tributary of the Tombigbee River, after finding a substantial likelihood that plaintiffs will prevail on the merits of their claims that the project EIS fails to satisfy the requirements of NEPA. The channelization project, which is des...
In an action to enforce the provisions of an NPDES permit issued under §402 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §1342, the court issues a consent order requiring the city of Camden to repair the main sewage treatment plant within 16 months and Baldwin's Run sew...
The Seventh Circuit Court of Appeals, sitting en banc, reverses an earlier panel decision, 5 ELR 20354, which held that preparation of the NEPA impact statement for a proposed highway project had been improperly delegated to a state agency, but rules that the scope of the EIS was illegally restricte...
The D.C. Circuit remands the Nuclear Regulatory Commission's (NRC) grant of an operating license for the Vermont Yankee nuclear power plant, concluding that the defendants violated NEPA by not discussing the environmental effects of radioactive waste disposal in the environmental impact statement (E...
The court affirms a lower court's decision that the state forester must prepare an environmental impact report (EIR) under the California Environmental Quality Act (CEQA), ELR 43010, in reviewing timber harvesting plans submitted by private parties under the state Forest Practices Act. Contrary to d...
Following the defendant's and state of Minnesota's failure to agree on an on-land waste disposal site, Chief Judge Devitt orders Reserve and its parent corporations to cease dumping taconite tailings into Lake Superior by July 7, 1977. This order follows the court of appeals' mandate, 5 ELR 20596, 2...
The court affirms the corporate defendant's conviction for failing to notify federal authorities of known oil spills, in violation of §311(b)(5) of the Federal Water Pollution Control Act, 33 U.S.C. §1321(b)(5), ELR 41118. There is no merit to defendant's contention that only a natural person, not...
Following its rejection of defendants' technical contentions, 6 ELR 20198, the court rules for defendants on the merits of this challenge to the opening of a six-lane highway cut through Beaucatcher Mountain near Asheville, North Carolina. The project's impact statement (EIS) complied with the Natio...
The court dismisses consolidated antitrust suits by 22 states and other localities and individuals challenging the auto companies' and their trade association's alleged 16-year conspiracy to eliminate competition in the development of automobile antipollution technology. In 1969, in a government sui...
The court preliminarily enjoins a Housing and Urban Development (HUD) Department-financed urban renewal plan to demonlish the Westchester County Courthouse in White Plains, New York. The court has jurisdiction under both the Administrative Procedure Act and the federal question statute. Under the la...