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Florida Peach Growers Ass'n v. Department of Labor

An amended emergency temporary standard issued under the Occupational Safety and Health Act, and designed to protect farm workers from exposure to residues of certain organophosphorous pesticides, is vacated. The Secretary of Labor's determination that the standard was necessary is not supported by ...

Ford v. Train

The court denies a motion for preliminary injunction prohibiting defendants from approving the final environmental impact statement for an interstate highway segment and from taking any further action on the project. Plaintiffs failed to show sufficient probability of success on the merits of their ...

Freeborn County v. Bryson

The Supreme Court of Minnesota reverses the dismissal of an action brought under the Minnesota Environmental Rights Act to enjoin construction of a county highway across marshland, and remands the case to allow presentation of statutory defenses by the county. A prima facie case is established by ev...

American Can Co. v. Oregon Liquor Control Comm'n

The Oregon Court of Appeals upholds the constitutionality of the state's "bottle bill," finding that it neither places an undue burden on interstate commerce nor violates the due process rights of bottle and beverage manufacturers. The legislation is a permissible exercise of the state's police powe...

Environmental Defense Fund v. Tennessee Valley Auth.

The Sixth Circuit Court of Appeals affirms a lower court's ruling that the TVA's environmental impact statement for the partially completed Tellico Dam project constitutes an adequate compliance with the requirements of NEPA. The court notes that in assessing the statement's adequacy, practicability...

West Virginia Div. of the Izaak Walton League v. Butz

The court denies a motion by defendants to amend its final order holding illegal, under the Organic Act, clearcutting in the Monongahela National Forest and requiring the Forest Service to modify its regulations, contracts, and manual provisions accordingly before July 1, 1974. Defendants sought to ...

I-291 Why? Ass'n v. Burns

Further construction of an interstate highway segment is preliminarily enjoined pending preparation of a revised final environmental impact statement that meets the requirements of NEPA. At the outset, the court undertakes lengthy examination of the doctrine of laches, which defendants claim bars th...

Florida Audubon Soc'y v. Callaway

The Corps of Engineers' environmental impact statement on a dredge and fill project for 275 acres of marshland on a man-made island in the St. Johns River complies with the requirements of NEPA under the reasonableness standard. The island, which is zoned for industrial uses, has been designated as ...

Wisconsin v. Callaway

The court grants summary judgment to the plaintiff and enjoins defendants from depositing spoil from their annual dredging of the Upper Mississippi River on lands or within waters inside the boundaries of the state of Wisconsin until a final NEPA impact statement has been filed. The court finds that...