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Sierra Club v. Morton

The D.C. Circuit Court of Appeals grants an injunction against further federal action toward coal development in the Eastern Powder River Basin pending plaintiffs' appeal from a lower court's dismissal of a suit seeking to require the Secretary of the Interior to prepare a programmatic NEPA impact s...

Society of the Plastics Indus. v. OSHA

The Second Circuit Court of Appeals upholds an Occupational Safety and Health Administration's health standard that requires that no worker in the vinyl chloride industry be exposed to concentrations of vinyl chloride in excess of one part per million (ppm) averaged over an eight-hour period. OSHA's...

Train v. New York, City of

The EPA Administrator violated the FWPCA Amendments of 1972 when he refused to allot the full amount authorized for construction of sewage treatment plants, as Congress had specifically forbidden impoundment of those funds. Section 207 of the Act authorized the appropriation of $11 billion in fiscal...

Natural Resources Defense Council v. Fri

The court rules that plaintiff's suit against EPA, which resulted in a consent judgment and a stipulated timetable for the promulgation of guidelines and regulations mandated by the Federal Water Pollution Control Act Amendments of 1972, presents an appropriate instance for an award of attorney fees...

United States v. Joseph G. Moretti, Inc.

On remand from the Fifth Circuit, the court upholds the Army Corps of Engineers' denial of defendant-developer's application for an after-the-fact dredge and fill permit to legitimize canals already constructed through a mangrove swamp. The court then goes on to order the developer to fill in the il...

Ray v. Mason County Drain Comm'r

The Supreme Court of Michigan unanimously holds that the trial court's findings of fact and conclusions of law in a suit brought under the state Environmental Protection Act fail to meet the requirements of the Act and of the statute governing trial court findings. The court rules that specific and ...

Steubing v. Brinegar

The Second Circuit Court of Appeals upholds a lower court's issuance of a preliminary injunction against construction of a federally funded expressway bridge over Lake Chautauqua in western New York State pending preparation of a NEPA impact statement. The bridge project is subject to NEPA's require...

St. Joe Minerals Corp. v. EPA

The EPA Administrator has authority under §§110 and 116 of the Clean Air Act to disapprove portions of state air quality implementation plans that he determines to be technologically or economically infeasible. Admitting that the Act does not expressly grant the Administrator such power, the court...

Indiana & Mich. Elec. Co. v. EPA

On petitions for review, the court upholds the validity of the EPA Administrator's approval of the Illinois and Indiana air quality implementation plans. The case law clearly supports the Administrator's position that preparation of a NEPA impact statement is not required in connection with his appr...

Rich v. Benicia, City of

The court orders an award of attorney fees to plaintiff in a suit which resulted, through a stipulation, in the defendant city's undertaking to perform its duty under the California Environmental Quality Act to prepare an environmental impact report for a reconstruction project. Such an award is jus...