The court affirms the lower court's dismissal, for failure to state a claim upon which relief could be granted, of a suit for injunctive relief asking that the defendant proprietor of a sports stadium be enjoined from permitting the smoking of tobacco during public events. The court finds that plain...

The court grants defendants' motion to dismiss for lack of ripeness a suit seeking an injunction against further consideration by the National Park Service (NPS) of plans to construct a bridge across federal park land affording access to private property pending preparation of an environmental impac...

The court vacates a preliminary injunction against construction of an interstate highway bridge over Lake Chautauqua after determining that defendants have fulfilled the requirements of the National Environmental Policy Act (NEPA) and §4(f) of the Department of Transportation Act of 1966. Although ...

The court imposes a civil penalty of $30,000 for more than 300 violations of the pretreatment limitations contained in defendant's national pollutant discharge elimination system (NPDES) permit which restricts discharges of the pesticides endrin and heptachlor into the municipal sewage treatment pla...

The court rules that the Environmental Protection Agency's (EPA's) conditional approval of a one-year exemption under §18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) permitting use of the pesticide ferriamicide against the fire and in Mississippi must be remanded to the Agenc...

In a suit challenging, inter alia, defendants' compliance with federal pollution control laws in approving salinity control plans adopted by states of the Colorado River Basin, the court considers four motions for intervention as of right, and in the alternative, for permissive intervention.Three of...

The court upholds regulations issued by the Environmental Protection Agency (EPA) under §307 of the 1972 Federal Water Pollution Control Act that severely limit discharges into the nation's waterways of two toxic substances: toxaphene and endrin. The court determines as a preliminary matter that Co...

Regulations promulgated by the Fish and Wildlife Service which allow powerboating in the Ruby Lake National Wildlife Refuge are held to violate the Refuge Recreation Act because such boating, rather than being a secondary use, is inconsistent with and would interfere with the refuge's primary purpos...

The court enjoins further work on undisturbed areas of a secondary oil recovery project partially funded by the Energy Research and Development Administration (ERDA) pending preparation of an environmental impact statement. The court finds that promotion of the project by ERDA is a major federal act...

The Second Circuit upholds an opinion by the general counsel of the Environmental Protection Agency (EPA) determining that when EPA approves a state program for issuing national pollutant discharge elimination system (NPDES) permits the Agency retains jurisdiction over final permit proceedings pendi...