The Environmental Protection Agency is without authority under the Clean Air Act to require the state of Maryland to enact a vehicle retrofit program and establish bikeways as part of the Baltimore Transportation Control plan. The canons of statutory construction dictate this interpretation of the A...
A local planning board's preliminary approval of a subdivision plat for a dunes area is revoked. In determining that the parcel was not tidal wetlands within the meaning of a New York State law protecting such areas, the board failed to consider a major portion of the statutory definition of tidal w...
The court denies plaintiff's motion for a preliminary injunction against air transportation of plutonium and other special nuclear materials pending trial on its claim that preparation of a NEPA impact statement is required for the transport program. Even assuming there is a sufficient likelihood of...
The court withdraws and vacates a portion of its earlier opinion, 4 ELR 20204, invalidating state-granted variances from a Clean Air Act implementation plan; the ruling in question was reversed by the Supreme Court in Train v. Natural Resources Defense Council, 5 ELR 20264.
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On rehearing en banc, the Fifth Circuit Court of Appeals unanimously affirms a lower court's decision denying plaintiffs' request for attorney fees on the basis of the Supreme Court's decision in Alyeska Pipeline Service Co. v. Wilderness Society, 5 ELR 20286. For the original panel opinion denying ...
Landowners who unsuccessfully applied for homestead entry on certain land seek to upset the Secretary of the Interior's prior classification of the land in question as "suitable for retention in federal ownership" and thus unavailable for homesteading under the Multiple Use Act of 1974, ELR 41408. P...
This action by a farm workers' organization sought to compel the Secretary of Labor to issue a permanent "field reentry" standard limiting farm worker exposure to pesticides under the Occupational Safety and Health Act (OSHA). The Secretary did issue an "emergency temporary standard" in 1973, but to...
The General Services Administration is enjoined from taking any further action toward disposing of surplus government land to an electric utility company until an environmental impact statement meeting the requirements of NEPA has been prepared and circulated. Adopting the rational basis test to rev...
The court modifies its earlier opinion, 5 ELR 20046, to make clear that it did not rule on the propriety of the EPA Administrator's regulations implementing §§301 and 304 of the Federal Water Pollution Control Act Amendments of 1972, or on the validity of the form or content of any particular effl...
The court of appeals affirms a district court's judgment for defendants following a full trial on the merits of plaintiffs' contention that the U.S. Department of Housing and Urban Development failed to comply with NEPA with respect to the siting of low-income public housing units in middle-class ne...