In a suit to perfect prior water rights of the United States in the Truckee River, an interstate stream, against all upstream users including the states of California and Nevada, the proper forum is the federal district court in Nevada. California cannot be joined as a defendant in such a suit, but ...

In a consolidated class action the District Court for the District of Maryland holds that NEPA, the Federal-Aid Highway Act, and the Clean Air Act do not apply to the construction of I-170 in the Franklin-Mulberry Corridor, a part of the larger Federal-Aid Interstate System for Baltimore City. The c...

The State Environmental Policy Act requires an examination of the possibility of pollution before a permit may be issued for the withdrawal of water from a lake for domestic use. Although the agency decision and lower court review occurred prior to the effective date of the Act, it still applies sin...

In a settlement agreement, the Federal Highway Administration consents to reevaluate federal-aid highway projects which have received design approval to ascertain whether a NEPA impact statement must be prepared. FHwA division engineers in each state will prepare and publish lists of projects subjec...

Plaintiffs' motions for partial summary judgment ordering (1) circulation of an amendment to the final impact statement on Interstate H-3 as a draft, (2) new corridor hearings on the highway, (3) new design hearings on the highway, and (4) the submission of new "report" as defined by 23 U.S.C. §128...

Ruling that NEPA and the APA require production of the entire administrative record for judicial review of an EIS, the court finds the EIS for a housing project inadequate, as it is insufficiently detailed to disclose fully the facts of the problem, possible alternative solutions, and the rationale ...

Without disturbing the denial of a preliminary injunction in this challenge to the nearly completed Bulk Mail Facility, the court remands for a more detailed record on environmental effects and appropriate equitable remedies. Where a federal project deviates from local zoning procedures, special scr...

Executive Order No. 11507, authorizing exemption of federal installations from compliance with applicable federal anti-pollution laws, does not exempt federal agencies from suit for violation of state and local pollution control requirements. The court denies the defendant agency's motion to dismiss...

The Court of Appeals overturns a district court order enjoining officials of the Environmental Protection Agency from promulgating proposed limitations on sulfur oxide emissions pending an adjudicatory hearing and preparation of an environmental impact statement. The district court lacked jurisdicti...

The court finds that a lagoon and lot development in Ocean City created by the defendant's dredging and filling is part of the navigable waters of the United States; and on a showing that defendant violated 33 U.S.C. §403 by operating without a Corps of Engineers permit, the court grants a permanen...