Defendant's impact statement concerning its approval of a housing subdivision in Gallatin Canyon failed to meet the procedural requirements of the Montana Environmental Policy Act. The impact statement contains no economic analysis, no attempt to quantify aesthetic considerations such as visual impa...
The National Academy of Sciences is not an "agency," nor is its Committee on Motor Vehicle Emissions (CMVE) an "advisory committee," within the meaning of the Federal Advisory Committee Act (FACA), 5 U.S.C. App. I (1975), and the latter body is thus not subject to the statute's open meeting requirem...
This action was brought by environmental groups seeking to preserve the Sacremento Delta waterway area. The district court finds that major elements of the California Water Project were constructed and are presently operated without proper authorization, in violation of §§9 and 10 of the Rivers an...
On remand from the court of appeals, 491 F.2d 562, 4 ELR 20047 (1st Cir. 1973), the district court grants so much of plaintiff's motion for summary judgment as seeks a declaration that §13 of the Rivers and Harbors Act, 33 U.S.C. §407, ELR 41141, applies to sunken logs and bark in the Kennebec Riv...
A developer who performed certain dredge and fill activities in Myrtle Beach, South Carolina, without a permit from the U.S. Army Corps of Engineers is permanently enjoined from engaging in any further dredging activity and is ordered to pay plaintiff a civil penalty of $7,500. In creating a boat ba...
The incremental construction of four federally funded four-lane highway segments and commitment to construct a fifth along New Hampshire Route 101, the main east-west route corridor in the southern part of the state, sufficiently imply federal participation in a planned four-lane limited-access high...
The Court of Appeals dismisses, for lack of jurisdiction, a petition for review of a portion of the Illinois implementation plan under §307 of the Clean Air Act, 42 U.S.C. §1857h-5, ELR 41226. Reichold Chemical filed this petition after an EPA notice of violation, contending that Rule 206 of the I...
The Administrator of the Environmental Protection Agency has the authority to promulgate single number effluent limitations for existing point sources under §301 of the Federal Water Pollution Control Act Amendments of 1972. In inferring the existence of such authority from the statutory structure,...
The government sues to collect $9,900 in civil damages for 19 admitted oil discharges in violation of §311 of the 1972 Federal Water Pollution Control Act Amendments, 33 U.S.C. §1321(b)(3), ELR 41116. Having promptly reported all said violations to authorities as required by §311(b)(5), 33 U.S.C....
The court affirms denial of a preliminary injunction against construction of an interstate highway around Shreveport, Louisiana. The record reveals that plaintiffs failed to prove that irreparable injury would occur absent injunctive relief. Construction bids have not yet been opened, and right-of-w...