The court preliminarily enjoins the General Services Administration from beginning construction of a $4.5 million juvenile detention facility near a designated elementary school site in a planned, low-density residential area until a NEPA impact statement has been filed. The proposed facility consti...

In an interlocutory appeal, the Sixth Circuit Court of Appeals rules that under Michigan law, seven plants in the U.S. may be held jointly and severally liable to multiple plaintiffs in Canada for injuries sustained from air pollution caused by industrial discharges. The court finds that the Michiga...

On a petition to review the EPA Administrator's approval of seven provisions of the New York state air pollution implementation plan, the U.S. Court of Appeals for the Second Circuit affirms the grant of a two-year extension for the achievement of the national primary standard for particulate matter...

The Federal Power Commission has authority under §5(a) of the Natural Gas Act to establish, by interim order, a temporary curtailment plan to provide procedures for the allocation of gas among the customers of a natural gas company during periods of shortage. The Commission properly found the compa...

Laches bars a suit to enjoin, until a final NEPA impact statement has been filed, further pool clearing and construction on a dam project on which $48 million has thus far been expended and which is approximately two-thirds completed. Plaintiffs let pass the dates of the passage of NEPA,the instigat...

A lower court order is reversed, and summary judgment and a preliminary injunction granted to plaintiffs in a taxpayers' suit seeking to prevent the establishment of a sanitary landfill in a public park. Park areas in New York State are impressed with a public trust and may not be used for other tha...

A wildlife report showing that a proposed timber harvest in Alaska would cause serious ecological damage constitutes newly-discovered evidence according to Rule 60(b)(2) of the Federal Rules of Civil Procedure and is grounds for a new trial on whether such harvesting should be allowed, the Federal D...

The court affirms a lower court ruling denying claims for monetary, declaratory, and injunctive relief against a municipality for demolishing as unrepaired nuisances, without compensation, property owned by plaintiffs. The city's nuisance ordinance is a legitimate and compelling exercise of the poli...

Preparation of an environmental impact statement is not required for an ongoing interstate highway interchange project in Seattle, since the Secretary of Transportation gave the project final design approval prior to January 1, 1970, the effective date of NEPA. Since that date there has been no addi...

The Sixth Circuit Court of Appeals vacates a district court order awarding attorney fees against the Governor and other officials of the state of Ohio in a legislative reapportionment case. The award is in substance and effect against the state itself, and where, as here, a state has not waived its ...