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Kisner v. Butz

The completion of the connecting and final segment of a Forest Service road in the Monongahela National Forest is not a major federal action within the meaning of NEPA, and, therefore, the Supervisor of the National Forest acted correctly by proceeding with the project without first filing an enviro...

Petterson v. Froehlke

A suit challenging the expansion of Portland International Airport and the construction of a highway and bridge is dismissed. A National Environmental Policy Act (NEPA) impact statement is unnecessary in the case of an ongoing project where no major federal action has been taken since the Act became...

St. Joseph Historical Soc'y v. Land Clearance for Redevelopment Auth.

A suit for preliminary and permanent injunctive relief against the demolition of buildings in the Market Square Historic District of St. Joseph, Missouri, brought under the National Historic Preservation Act of 1966 (NHPA) and the National Environmental Policy Act of 1969 (NEPA), is dismissed. It is...

Pennsylvania Envtl. Council v. Bartlett

A suit to enjoin the planned relocation of a Pennsylvania highway and to order mandatorily the repair and upgrading of the roadbed is dismissed. The court holds inter alia that: (1) the defendant state officials and independent contractors are immune to suit; (2) the National Environmental Policy Ac...

Sierra Club v. Volpe

The district court denies the motion for summary judgment of federal and state authorities and preliminarily enjoins any further action on the Devil's Slide Bypass highway project, still in the planning stage, until the federal defendants comply with the Federal Highway Act (FHA) and the National En...

Nielson v. Seaborg

Summary judgment is granted to defendants in a suit claiming damages under the Federal Tort Claims Act, as amended, for ratiation exposure and seeking to enjoin further testing by the Atomic Energy Commission and to force compliance with the substantive policies of the National Environmental Policy ...

Monroe County Conservation Council v. Volpe

The Court of Appeals for the Second Circuit reverses a summary judgment granted to the Secretary of Transportation in a suit seeking to enjoin the giving of federal approval to, and funding for, a highway segment, the Rochester "Outer Loop," designed to cross the Genesee Park. For the opinion of the...

Allison v. Froehlke

The Court of Appeals for the Fifth Circuit affirms the denial of preliminary injunctive relief in a suit to enjoin construction of three reservoirs and a dam on the San Gabriel River. The trial court correctly concluded that plaintiffs would be unlikely to establish that (1) modifications by the Cor...

Iowa Citizens for Envtl. Quality v. Volpe

A suit seeking an injunction against the construction of a segment of a federally funded interstate highway on the grounds that there were violations of the National Environmental Policy Act (NEPA) is dismissed. The court holds that the environmental impact statement contains sufficient discussion a...

Steel Hill Dev., Inc. v. Sanbornton, Town of

The Court of Appeals for the First Circuit affirms a judgment upholding the validity of a zoning ordinance designed to prevent a development that would disturb the ecological balance in the area. The court concludes that the town was not unreasonable in deciding that the general welfare would be adv...