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California v. Butz

A preliminary injunction is issued against roadbuilding and logging by a private company on the Pocket parcel of the Nye Timber Sale, since the U.S. Forest Service's decision not to file an environmental impact statement for the sale may have been erroneous. The proposed lumbering activity may prese...

Brown v. Ruckelshaus

Plaintiffs, a California congressman and the city of Los Angeles, lack standing to challenge the EPA Administrator's refusal to allot all sums authorized to be appropriated under the Federal Water Pollution Control Act Amendments of 1972, as they have failed to show any actual injury to their intere...

Dry Color Mfrs. Ass'n v. Department of Labor

The court vacates emergency temporary standards issued by the Occupational Safety and Health Administration (OSHA) for plant procedures regarding two alleged carcinogens because the statement of reasons accompanying OSHA's order did not adequately set forth either the agency's basis for finding the ...

Committee for Green Foothills v. Froehlke

The court refuses to enjoin the filling of 200 acres of marshland bordering San Francisco Bay with refuse from San Francisco, although no EIS was filed with the 1973 Corps of Engineers permit authorizing the fill program. The filling operation is part of an ongoing project, begun in 1966, to create ...

Eastlake Community Council v. Roanoke Assocs.

A conditional building permit issued in 1969 by Seattle for the construction of a shoreside condominium is ruled invalid, and renewals of the permit in 1970 and 1971 combined with changes in its conditional status did not remedy the permit's nullity. Assuming the third renewal on Oct. 19, 1973, was ...

Commonwealth v. National Gettysburg Battlefield Tower, Inc.

Article 1, §27 of the Pennsylvania Constitution, which makes the state a trustee of the public's natural resources with the duty to conserve the "natural, scenic, historic and esthetic values of the environment," is not self-executing, and the governor cannot seek injunctive relief against a privat...

Davis, City of v. Volpe

Summary judgment is granted against the Department of Transportation and an injunction issued against further construction on an interstate highway interchange since plaintiff city was not afforded an opportunity to participate in a design hearing as required by §23 of the 1968 Federal Aid Highway ...

DiVosta Rentals, Inc. v. Lee

The Corps of Engineers did not abuse its discretion in denying a developer's application for a permit to fill submerged land for apartment building construction, and a lower court decision requiring the Corps to issue the permit is reversed. The district court erred in ruling that the proper standar...

Citizens Envtl. Council v. Volpe

The court upholds a grant of summary judgment for defendants and affirms the lower court's ruling that the EIS for a proposed highway segment adequately fulfills the requirements of NEPA even though it was prepared by the state high way department. The state agency consulted with federal agencies wh...

Ecos, Inc. v. Volpe

A lower court did not abuse its discretion by refusing to issue a preliminary injunction requiring strict NEPA compliance from an ongoing highway construction project. See 3 ELR 20303, for the district court's ruling that NEPA is applicable to the project but that an EIS is not required for certain ...