A state Water Resources Board decision denying plaintiff landowners' request for permission to fill four acres of tidal marsh on their property for the purpose of developing houses did not constitute a taking of plaintiffs' property and is upheld. Plaintiffs have failed to support their burden of pr...

A corporation whose shipping company subsidiaries have been responsible for nine oil spills in Lake Champlain in the last six years is enjoined under the Rivers and Harbors Act of 1899 and the federal common law of nuisance to institute certain precautionary procedures in regard to oil transportatio...

The Federal Highway Act of 1968 does not require new design or corridor hearings concerning a highway segment for which such hearings were held prior to the Act's passage, even though federal approval of the segment's location occurred after the statute went into effect. Nor did the subsequent passa...

The Federal Aid Highway Act (23 U.S.C. §128(a)) requires that new location hearings be held for an ongoing freeway project which has not received construction approval since it is not certain that the costs of altering or abandoning the proposed location would outweigh the environmental benefits th...

The court affirms a preliminary injunction against further construction of a federally funded 14-mile highway segment until defendants have complied with the relocation assistance and environmental protection provisions of the Federal Aid Highway Act of 1968 and the Department of Transportation Act ...

NEPA does not require the Department of Housing and Urban Development to file an environmental impact statement for the construction of court-ordered federally financed public housing in Chicago. HUD's conclusion that the proposed housing would not significantly affect the environment may not be ove...

The court grants plaintiff's motion for summary judgment after determining that defendants violated §304(b)(1)(A) of the FWPCA Amendments of 1972 by failing to publish within one year of the Act's passage final effluent limitation guidelines for comprehensive coverage of all point sources. In order...

Environmentalist plaintiffs are awarded attorney fees, costs, and expenses in the amount of $20,000 even though the court rules that the final EIS challenged in the suit adequately complies with the requirements of NEPA. The plaintiffs occupy the position of private attorneys general in that NEPA, l...

Exemption 5 of the Freedom of Information Act protects from disclosure two staff summaries of factual evidence from the cancellation hearing record that the EPA Administrator used as aids in making his decision to cancel all registrations for the use of DDT under the Federal Insecticide, Fungicide, ...

On motions to dismiss, the court rules that plaintiffs have standing and have stated a claim for which relief can be granted in an action for declaratory and injunctive relief prohibiting the granting of further sewer hookup permits for Washington, D.C.'s, Blue Plains Treatment Plant. Plaintiffs' cl...