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Brooks v. Atomic Energy Comm'n

An Atomic Energy Commission order extending the completion dates in construction permits for two nuclear power plants is reversed because the AEC failed to provide notice and an opportunity for a hearing. In addition to the full environmental review required by the National Environmental Policy Act,...

Citizens Organized to Defend the Env't v. Volpe

The court upholds the Secretary of Transportation's pre-NEPA approval of a highway right-of-way that reserved to the owner the right to cross the highway with mining equipment 10 times during a 40-year period. The Secretary's determination that the present review and approval of the first actual cro...

Ecos, Inc. v. Volpe

Even though federal funds have not yet been received, an injunction is granted against construction of a proposed expressway segment until the project is reviewed at public hearings and an impact statement prepared. The segment is part of the larger expressway where federal funds have been expended,...

Dorothy Thomas Found. v. Hardin

In an action for a preliminary injunction against timbering on a national forest, adjacent landowners allege that the Secretary of Agriculture abused his discretion when weighing the five uses established by the Multiple Use Act for managing national forests. The court, however, holds that a special...

DeRham v. Diamond

In a further development of the Scenic Hudson controversy, New York's highest court rules that the state commissioner of environmental conservation had a reasonable basis for determining that construction and operation of the Storm King Mountain pump storage facility will not violate water quality s...

Commonwealth v. Harmar Coal Co.

The Pennsylvania Clean Streams Law requires in operator of an active mine to treat any acid drainage discharge, including the drainage of adjacent inactive mines necessary to protect the active works. Citing extensively from the history and language of the statute, the court upholds the state Sanita...

Dow Chem. Co. v. Ruckelshaus

An order by the Administrator of the Environmental Protection Agency cancelling Dow Chemical's registration of 2, 4, 5-T pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), because of possible causation of birth defects is not a final order reviewable by the court. The o...

Commonwealth v. National Gettysburg Battlefield Tower, Inc.

The construction of an observation tower on private property adjacent to Gettysburg National Military Park would not clearly injure the aesthetic or historical values of the Gettysburg environment. The court holds that a provision of the Pennsylvania Constitution which guarantees the preservation of...

Brotherhood Blocks Ass'n of Sunset Park v. Secretary of HUD

In an action brought to compel the Department of Housing and Urban Development to comply with the National Environmental Policy Act in the administration of its federally insured home mortgage program, the court refuses to grant a preliminary injunction to prevent removal of occupants from propertie...