The district court affirms its own jurisdiction and preliminarily enjoins the Environmental Protection Agency (EPA) from promulgating a Clean Air Act emission standard contained in a state implementation plan. The court rules that Anaconda is entitled to a trial type hearing because the standard app...

Preliminary and permanent injunctive relief is denied against street construction work designed to widen a major traffic artery. The court concludes that the project is not a "major federal action" within the meaning of §102(2)(C) of the National Environmental Policy Act (NEPA) and that an environm...

In a suit for injunctive relief against the development and operation of two nuclear plants for failure to file an environmental impact statement in conformity with the National Environmental Policy Act (NEPA), the court denies defendants' motion to dismiss and plaintiffs' motion for summary judgmen...

Summary judgment is granted against further construction of a federally funded highway. The court holds that the National Environmental Policy Act (NEPA) does not bar delegation to state authorities of the duty to prepare an environmental impact statement in the first instance. However, the court ru...

A permanent injunction is granted against a project to build a bridge. The court holds that the existing environmental statement reveals inadequate consideration of air and noise factors and consequently fails to satisfy either §102(2)(C) of the National Environmental Policy Act (NEPA) or §4(f) of...

The Court of Appeals for the Fifth Circuit vacates part of a judgment denying injunctive relief against construction of a federal office building and remands for further proceedings. For the earlier opinion of the district court, see 2 ELR 20305. The court holds that, under the National Environmenta...

EPA's failure to prepare a state implementation plan under the Clean Air Act within two months following disapproval of the plan submitted by California violates a non-discretionary duty imposed by §110(c) of the Act and warrants an injunction requiring EPA to prepare a plan within two months. Alth...

The Court of Appeals for the Ninth Circuit affirms a judgment holding that defendants complied with the procedural requirements of the National Environmental Policy Act (NEPA) in connection with the construction of a series of generating facilities. The court concludes that: (1) an environmental imp...

Because construction of one segment of highway can determine the placement of another, a 14-mile project that was divided into two segments for federal approval requires a single impact statement under NEPA. An impact statement must be broad enough to cover the area over which construction may be di...

An injunction is granted restraining enforcement of 1971 amendments to surface mining regulations of the Department of Natural Resources. The 1971 amendments are invalid because they were not promulgated under the proper authority. Since there is a likelihood of substantial damage from continued min...