The court rules that the Federal-aid Highway Act of 1973 terminated federal involvement in a proposed section of a highway passing through parklands and thereby manifested Congress' intent to exempt the roadway from the requirements of NEPA and §4(f) of the Department of Transportation Act. The cou...
The Sixth Circuit Court of Appeals files an opinion that withdraws and clarifies its earlier opinion in the case, but does not disturb its prior ruling prohibiting an award of attorney fees against the State of Ohio. The court asserts that the Supreme Court's summary affirmance without opinion of a ...
The court grants summary judgment to defendants after finding that regulations enacted by the D.C. City Council which amend the city's Clean Air Act implementation plan constitute a revision of the plan rather than a postponement within the meaning of 42 U.S.C. §1857(c)-5 (f). The regulations, whic...
The court declares the Colorado Ground Water Management Act of 1965 to be invalid under the Colorado State Constitution insofar as the act relates to ground water tributary to a surface stream. The court rules that the power given the state Ground Water Commission to grant or refuse a permit to dril...
The court reverses a district court order requiring the Secretary of the Interior to pay plaintiff's attorney fees and expenses in a successful suit against agency regulations governing water allocations. Statutory liberalization of the traditional judicial doctrine prohibiting awards of costs to pa...
The Supreme Court affirms Justice Douglas' grant of a stay of construction pending appeal in the Warm Springs Dam case.
Counsel are listed at 4 ELR 20666., full_html...
The court denies a motion by landowner residents within a proposed urban renewal area for a preliminary injunction against further demolition on the ground that HUD's impact statement for the project is inadequate under NEPA. The court rules that the EIS sufficiently discusses each of the five matte...
The court grants plaintiffs' motion for summary judgment and orders the Atomic Energy Commission to prepare a NEPA impact statement for its nuclear power export process within twelve months. The Export-Import Bank, which assists the export process by providing low interest loans to foreign purchaser...
The court grants summary judgment to plaintiffs, invalidating a fill permit issued by the Corps of Engineers to a private landowner and ordering a public hearing on the permit application. The landowner planned to deposit rock fill in the shallows of the Hudson River, a spawning and nursery ground f...
The Ninth Circuit Court of Appeals affirms a lower court's dismissal of an action seeking to enjoin further construction of a large shopping center and to compel state and federal officials to promulgate regulations which would prevent such pollution-creating developments. California's Clean Air Act...