The Administrator of EPA is not required to allot all funds authorized to be appropriated under the Federal Water Pollution Control Act Amendments of 1972, but the allotment of only 45 percent of the amounts authorized represents an illegal abuse of discretion. EPA's policy of impounding funds is he...

Judicial review of the merits of a decision by the Administrator of the Environmental Protection Agency to approve Delaware's air pollution implementation plan under the Clean Air Act is limited to an examination of whether the relevant factors were considered and whether there was a clear error in ...

The Administrator of the Environmental Protection Agency must accept evidence from interested parties before approving air pollution abatement plans under the Clean Air Act. The Administrator is not required to hold a full-scale evidentiary hearing and the record need not include transcripts of the ...

The court refuses to enjoin demolition of a memorial swimming pool in connection with the Waikiki Beach Erosion Control project of the Corps of Engineers. Refusing pendent jurisdiction over state claims, the court finds that NEPA is satisfied where careful consideration was given to preservation of ...

A county ordinance requiring that all detergents sold within the county carry labels showing their ingredients is ruled invalid. The 1966 Amendments to the Federal Hazardous Substances Act indicate Congress' intent to preempt the field of precautionary labeling requirements.
Counsel for PlaintiffRo...

NEPA requires that the EIS for a proposed federally funded highway be prepared by the FHwA, as the responsible federal agency and not by the state highway department. In this challenge to the Bennington to Manchester, Vermont, segment of Route 7, the court states that the EIS should cover the whole ...

The Freedom of Information Act does not protect from discovery sections of internal deliberative memoranda of the Atomic Energy Commission's Advisory Committee on Reactor Safeguards (ACRS) that contain purely factual material and are severable from their non-discoverable context. An affidavit from t...

The district court refuses to enjoin further action on several sections of I-10 in various stages of development and grants summary judgment to defendants. In disposition of plaintiffs' challenges, the court holds that:
(1) where disclosure of environmental factors in the finally approved impact st...

The requirements of NEPA no longer apply to a proposed state medical center for prisoners since the state has renounced any intention to use federal funds for construction of the project. Although the federal funds originally designated for the center were actually used for other state programs rath...

The court affirms a lower court ruling that the Corps of Engineers can proceed with the construction of a dam authorized under the Flood Control Act of 1946 without meeting the NEPA costbenefit ratio, since the project meets the cost-benefit criteria specified for the Flood Control Act by Congress. ...