A three-judge district court holds the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§1331-40, unconstitutional as beyond the limits of a federal power. It cannot be sustained under either the Territorial Clause or the Commerce Clause. Under the common law, sovereign ownership of wild animal...

The Second Circuit refuses to allow interim licensing of mixed uranium and plutonium fuel for commercial use prior to completion of a generic environmental impact statement (GESMO) pursuant to NEPA. The Commission's November 11, 1975, decision to allow such licensing is judicially reviewable, since ...

The court holds that fishponds in Hawaii are private and not subject to the federal navigation servitude, but that when the defendants began using such a pond as a marina in interstate commerce, the pond became subject to regulation by the Corps of Engineers under the Rivers and Harbors Act of 1899,...

The Supreme Court, reversing a three-judge district court, 6 ELR 20509, declares that the Wild Free-Roaming Horses and Burros Act does not unconstitutionally infringe on state sovereignty over wildlife. Observing that the Property Clause of the United States Constitution gives broad power to the Con...

In a citizen suit brought under the Federal Water Pollution Control Act (FWPCA) to require EPA to regulate radioactive discharges, the Court holds that radioactive effluents from Ft. St. Vrain Nuclear Generating Station and Rocky Flats nuclear weapons plant are subject to regulation under the Atomic...

The Supreme Court holds that economic and technological infeasibility are not valid grounds for the review under §307(b)(1) of the Clean Air Act of the EPA Administrator's approval under §110(a)(2) of the Missouri implementation plan. Whether before or after lapse of the 30-day period specified in...

Although rejecting one ruling of the lower court, the court of appeals nonetheless affirms the district court's refusal, 5 ELR 20568, to issue a preliminary injunction against defendants' widening of a stretch of I-95 in Massachusetts. The 1975 NEPA amendment and the district court finding that ther...

This action to stop construction of an interstate highway bypass over Lake Cross, an artificial lake near Shreveport, Louisiana, was tried on the merits following court of appeals affirmance, 6 ELR 20093, of this court's refusal to grant a preliminary injunction. Despite plaintiffs' thorough four-pr...

The court approves a settlement agreement in four consolidated cases challenging regulation of toxic water pollutants by the Environmental Protection Agency (EPA). Civil Action No. 2153-73 sought to compel EPA to expand the list of toxic pollutants promulgated under §307 of the Federal Water Pollut...

The court dismisses for lack of jurisdiction an industry petition for review of EPA's action in partially approving New York State's revised water quality standards, 40 C.F.R. §120.10, 40 Fed. Reg. 13216 (Mar. 25, 1975) developed pursuant to §303 of the Federal Water Pollution Control Act (FWPCA),...