After granting a writ of certiorari, the Supreme Court vacates the second circuit's judgment in Conservation Society of Southern Vermont v. Secretary of Transportation, 5 ELR 20068, and remands the case for further consideration in light of the recent amendment to NEPA regarding EIS preparation by s...
The court dismisses a suit seeking to enjoin the leasing of seabed areas off the coast of southern California for oil exploration and drilling. The Department of Interior satisfied the requirements of NEPA by filing two environmental impact statements, one on the nationwide accelerated offshore leas...
The court dismisses this injunctive action brought to halt the General Services Administration from completing destruction of certain historically significant buildings in Washington, D.C., without first consulting with the Advisory Council on Historic Preservation, as required by the National Histo...
The U.S. Army failed to comply with NEPA in deciding to close down the Lexington-Bluegrass Army Depot and transferring its functions to similar installations in California and Pennsylvania. While conceding that the proposed closing is a major federal action, the Army nevertheless determined that it ...
The district court properly dismissed, for lack of subject matter jurisdiction, this suit by eight chemical manufacturers seeking review of EPA's regulations, promulgated under the Federal Water Pollution Control Act Amendments of 1972, which established effluent limitations for inorganic chemical p...
The court dismisses a suit challenging an Interstate Commerce Commission order denying a van line company's request for the elimination of certain gateways on its various routes. Contrary to plaintiff's contention, the Commission did not deprive the van company of a fair hearing by applying atypical...
Under the federal government's navigation servitude, compensation need not be paid to a lessee for minerals below the mean high watermark of Florida's Lake Okeechobee that have been used by the Corps of Engineers to construct a flood control levee. Plaintiff's mineral-drilling lease applies to all m...
The court approves a stipulation settling this NEPA action that was brought to challenge construction of an interstate highway connector through a wetlands area south of New Orleans. The parties have stipulated that the defendants, the state highway department and the Federal Highway Administration,...
On remand from the Supreme Court, 6 ELR 20068, the Second Circuit Court of Appeals reverses its prior opinion, 5 ELR 20068, which held that preparation of the NEPA impact statement for a federally funded highway project must be done by the responsible federal official and may not be delegated to a s...
The court dismisses a challenge to defendants' seizure of plaintiff's major commercial product, a drug containing spermaceti, a product of the sperm whale, pursuant to the Endangered Species Act of 1973. The sperm whale was classified as an endangered species in 1970. In 1974-1975, plaintiff obtaine...