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Byram River v. Port Chester, Village of

The court rules that it has subject matter jurisdiction to entertain a suit seeking to halt the discharge by out of state defendants of inadequately treated sewage into a river that forms part of the boundary between Connecticut and New York under the federal common law of nuisance in interstate wat...

Bureau of Mines v. George's Creek Coal & Land Co.

The Court of Appeals of Maryland upholds a state statute terminating the strip-mining of coal on state lands, but remands to the lower court the question of whether the coal companies holding mineral rights are entitled to compensation in this particular case. The court declares that the plaintiff c...

E.I. DuPont de Nemours & Co. v. Train

The court rejects plaintiffs' contention that waste water effluent limitations under the Federal Water Pollution Control Act Amendments of 1972 can only be set pursuant to a §402 permit proceeding, and grants defendants' motion to dismiss this industry challenge to EPA's regulations setting limitat...

Citizens Ass'n of Georgetown v. Washington

Plaintiffs, although unsuccessful on the merits of their Clean Air Act suit to block construction of two buildings, are awarded court costs and counsel fees against the District of Columbia government. Plaintiffs were unable to prove that the planned construction would prevent the city from meeting ...

Brooks v. Volpe

The court dissolves an existing injunction against further construction of an interstate highway through a national forest after finding that defendants have fully complied with the requirements of NEPA and §4(f) of the Department of Transportation Act. Using the "rule of reason" standard of review...

Conservation Council of N.C. v. Costanzo

The Fourth Circuit Court of Appeals vacates and remands a lower court's dismissal of an action seeking injunctive relief against further construction of a marina on the grounds that the Corps of Engineers failed to file a NEPA impact statement in connection with its grant of a dredging permit to a r...

Committee to Save Black Mesa v. EPA

The Ninth Circuit Court of Appeals, upon consideration of a stipulation of all parties, dismisses without prejudice three petitions for review of an EPA regulation requiring 70 percent removal of sulfur dioxide from the stack gases of the Navajo power plant in Page, Arizona. The stipulation provides...

Colorado Pub. Interest Research Group v. Train

The Tenth Circuit Court of Appeals reverses a lower court decision and holds that, under the FWPCA Amendments of 1972, the EPA Administrator is charged with the duty of regulating all discharges of radioactive materials into navigable waters. The congressional intent to this effect is clearly manife...

Conservation Soc'y of S. Vt. v. Secretary of Transp.

The Second Circuit Court of Appeals rules that the Federal Highway Administration must prepare its own NEPA impact statements on federally funded highway projects, rather than delegate the task to state agencies. It thereby reaffirms its 1972 decision in Greene County Planning Board v. FPC, despite ...

Clinton Community Hosp. Corp. v. Southern Md. Medical Ctr.

The Fourth Circuit Court of Appeals affirms a lower court's dismissal of an existing hospital's suit seeking to enjoin construction of a larger hospital nearby on the ground that the proposed hospital would be adversely affected by air traffic from Andrews Air Force base. The court rules that plaint...