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Natural Resources Defense Council v. Tennessee Valley Auth.

The Sixth Circuit Court of Appeals affirms a lower court's ruling that the Tennessee Valley Authority's environmental impact statement for its coal purchasing policy adequately complies with the requirements of §102(2)(C) of NEPA. The impact statement is sufficiently detailed under the rule of reas...

United States v. Rohm & Haas Co.

The Fifth Circuit Court of Appeals affirms, with modifications, a lower court injunction issued in a continuous discharge pollution action brought under the Refuse Act against the operator of a chemical plant. The injunction sets forth certain mandatory concentrations for discharges into the Houston...

Texas v. EPA

On petitions to review an order of the Administrator, the court upholds EPA's disapproval of the Texas implementation plan for the control of photochemical oxidants, but rules that certain of the additional regulations which the agency proposed to insure attainment of the applicable air quality stan...

Monroe County Conservation Ass'n v. Hansen

Plaintiff cannot prevail in suit to enjoin Corps of Engineers from dumping dredgings from the Genesee River into Lake Ontario, because there is no showing of likelihood of irrevocable injury to Lake Ontario—already polluted—if injunction is not granted. Corps is obligated by statute to maintain ...

United States v. Pennsylvania Indus. Chem. Corp.

The Refuse Act prohibits the discharge of any refuse matter without a permit, regardless of its effect upon the water; it does not distinguish between "industrial waste" and "industrial discharge." The fact that defendant's discharge conformed to the water quality standards established by Pennsylvan...

Sierra Club v. Resor

Plaintiff conservationists have failed to establish that irreparable harm will result from defendants' proposed work during the next six to12 months, while an injunction on work during that period might delay the completion of the project—if it is ultimately approved—by as much as a year. Plaint...

Thompson v. Fugate

Virginia Highway Commissioner enjoined from changing the character or topography of any portion of plaintiff's property known as "Tuckahoe Plantation" registered as a national historic landmark under 16 U.S.C. §426(b), over which a portion of Virginia Highway Route No. 288, a joint project of Virgi...

Thompson v. Fugate

District court injunction expanded to prevent any move to acquire title to "Tuckahoe Plantation" by state Highway Commissioner in connection with construction of proposed highway across portion of land. Court finds chance of irreparable injury to plaintiff, minimal potential risk to defendant, and s...

United States v. Brookhaven, Town of

Small harbor running parallel to Long Island Sound and connected to Sound by 300-foot inlet, which was once used by light commercial traffic and now exclusively by pleasure craft is a navigable waterway for purposes of 33 U.S.C. §403 and federal government is entitled to injunction against town to ...

United States v. Baker

Preliminary injunction granted to halt further filling by the New York National Guard and to remove all present filling of wetland marsh adjoining military camp. The federal court has jurisdiction because the tidal marsh is within the navigable waters of the United States under the Rivers and Harbor...