This action was brought under §304 of the Clean Air Act to challenge the EPA Administrator's refusal to revise standards for new coal-fired power plants previously promulgated under §111 of the Act. The district court properly dismissed for lack of jurisdiction, since the plaintiffs are actually a...

Cattle ranchers are ordered to limit their pumping of underground water to quantities that will maintain a high enough water level in nearby Devils Hole pool, in the Death Valley National Monument, to preserve the pupfish, an endangered species that inhabits the pool. The Presidential Proclamation o...

The Department of Housing and Urban Development (HUD) failed to comply with the mandate of NEPA in not undertaking a consideration of alternatives to a federally funded urban renewal housing construction project in New York City which had been redesignated for 100 percent low-income occupancy. Under...

The court is without jurisdiction to review the EPA Administrator's decision to grant Ohio's application to operate its own state permit program under §402 (b) of the Federal Water Pollution Control Act Amendments of 1972 as part of the National Pollutant Discharge Elimination System. The petition ...

A district court judgment denying a preliminary injunction against widening a six-lane highway near the campus of Michigan State University is affirmed by the Sixth Circuit. The district court did not abuse its discretion in denying the injunction since the project is substantially completed, its ad...

The Supreme Court of Oregon, en banc, upholds the trial court's finding that defendants' operation of a private airstrip represents a nuisance to plaintiffs' adjacent farm. Plaintiffs' claim of interference with the use of their property caused by both overhead flights and the noise and vibrations f...

Following its denial of the Secretary of Interior's motion to dismiss, reported at 4 ELR 20444, 376 F. Supp. 90, the court here addresses the merits in this action to compel the Secretary to exercise his statutory authority, under the Redwood National Park Act, to protect the Park from damage caused...

The Vieux Carre Ordinance, which requires a permit for demolition or construction within the historic French Quarter of New Orleans in order to preserve the area's unique architectural and historical value, reasonably serves valid social, cultural and environmental purposes and thus falls within the...

A lower court erred in dismissing property owners' Fourteenth Amendment claim for damages against a county for deprivation of property without just compensation through the operation of a nearby airport. Although the district court could rightly abstain from deciding the merits while plaintiffs purs...

Approval by the Department of Housing and Urban Development of a Statement of Record and Property Report under the Interstate Land Sales Act, a prerequisite to the sale of 50 or more lots in interstate commerce, constitutes major federal action significantly affecting the quality of the human enviro...