A preliminary injunction is granted (subsequently dissolved, infra) preventing defendant from allowing any development of de facto wilderness areas pending preparation of impact statements under NEPA. The court holds that development of a de facto area is a major federal action.
The preliminary inj...

The Court of Appeals for the First Circuit affirms a judgment of guilty under the Refuse Act of 1899. The court holds that the knowing discharge of refuse into a culvert that empties into a navigable waterway of the United States is a violation despite the fact that the culvert is part of a municipa...

The Washington Court of Appeals affirms a judgment holding that a piece of property is essential for highway purposes. The court holds that the state Environmental Policy Act is inapplicable to a highway project where all public hearings were held prior to the effective date of the Act.
Counsel for...

The Ohio Strip Mine Act of 1972 is held a valid exercise of the state's constitutionally authorized police power to regulate the methods of mining coal and other minerals. Even though the statute applies only to the stripmining of coal, it rests on a reasonable classification scheme since 77 percent...

Residues of DDT and dieldrin, present in processed fish because of general pesticide pollution of the Great Lakes, are "food additives" within the meaning of the Food, Drug, and Cosmetic Act. Under the FDCA, pesticide chemicals are not considered food additives when applied to raw agricultural commo...

The First Circuit Court of Appeals upholds EPA's authority to impose transportation controls under the Clean Air Act, but orders the Agency to hold a public hearing within ninety days to consider objections to its calculations regarding the amount of hydrocarbon and carbon monoxide reduction require...

The Sixth Circuit Court of Appeals affirms a lower court's ruling and holds that the Federal Water Pollution Control Act Amendments of 1972 apply to the discharge of pollution into nonnavigable tributaries of navigable streams. The language of the statute and its legislative history clearly show tha...

The Fifth Circuit Court of Appeals reverses a district court decision and holds that the Clean Air Act Amendments of 1970 require the Tennessee Valley Authority and the U.S. Army to comply with the permit requirements of the Alabama implementation plan before operating equipment which causes air pol...

The Ninth Circuit Court of Appeals, sitting en banc, reverses and remands a lower court's refusal to order that a new public hearing must be held under 28 U.S.C. §128(a) before further actions can be taken toward constructing two portions of interstate freeways near Seattle. Section 128(a), as amen...

In a companion case to Lathan v. Brinegar, the Ninth Circuit Court of Appeals, sitting en banc, affirms a lower court order enjoining further work on an interstate freeway in Los Angeles until a new public hearing is held under §128(a) of the Federal-Aid Highway Act. Referring to its discussion of ...