The court denies a motion for a preliminary injunction and dismisses an action alleging that the granting of permits for the construction of a shopping mall violates the Clean Air Act and the U.S. Constitution. Plaintiffs' claims that the project will cause violation of ambient air quality standards...

The U.S. Bureau of Reclamation's environmental impact statement for the Auburn Dam portion of the Central Valley Project in California does not adequately comply with the requirements of NEPA, and the court issues a permanent injunction against further planning or construction of the Dam. The injunc...

A suit seeking to enjoin further action by the Department of Defense implementing a realignment program of cutbacks, shutdowns, and transfers involving Naval personnel and facilities at Long Beach and San Diego until a NEPA impact statement has been prepared is barred by laches. The suit was filed s...

Under the Clean Air Act, it is illegal for a car dealer knowingly to allow a car without an idle speed solenoid or a functioning transmission-controlled spark system to be released since these are emission-control devices covered by the act. Neither the fact that the removal of the devices was done ...

The lower court's use of discretion in denying a preliminary injunction against a renewal project, under the auspices of the Redevelopment Land Agency (RLA), involving substantial property acquisition in a low-income area is upheld by the Court of Appeals for the D.C. Circuit, except for the conclus...

The Sixth Circuit Court of Appeals affirms a lower court's ruling that §118 of the Clean Air Act does not require operators of various federal and TVA facilities in Kentucky to apply for permits under the state's implementation plan before emitting air pollutants. The court holds that under §118 f...

Applying the "open fields" exception to the Fourth Amendment approved in Hester v. United States, 265 U.S. 52, 59, that Supreme Court unanimously rules that the Fourth Amendment is not violated when a state health inspector enters a corporation's outdoor premises without its consent to take opacity ...

The court affirms a lower court ruling that allowed limited construction to continue on the Caesar Creek and East Fork dam projects despite the insufficiency of the NEPA impact statement, but reverses the district court's refusal to permit certain conservation groups, affected property owners, and a...

The First Circuit Court of Appeals lacks appellate jurisdiction to review a lower court's denial of a temporary restraining order prohibiting three demonstration flights by the Concorde, a supersonic transport (SST), in and out of Boston. The court finds that there is no showing these three subsonic...

The court overrules a lower court and holds that a city's denial of water and sewer hookup permits to a planned housing project for minority farmworkers which is to be located outside the city limits constitutes discrimination. The city's attempt to justify denial on the basis of zoning regulations ...