The Environmental Protection Agency did not err in interpreting the Clean Air Act to require that national air quality standards be met, whenever possible, by continuous emission limitations such as stack gas scrubbers. Intermittent controls such as plant shutdowns or switching to low sulfur fuels, ...

The U.S. Navy is enjoined from transferring its Oceanographic Center from a suburb of Washington, D.C., to Bay St. Louis, Mississippi, until a new final environmental impact statement has been prepared. Plaintiffs, a number of naval oceanographic employees who do not wish to move to Mississippi and ...

The court refuses a preliminary injunction against bidding for oil exploration leases, offered for sale by the Department of the Interior, on Outer Continental Shelf lands off the coast of Southern California. Plaintiffs have failed to demonstrate any likelihood of success on the merits of their NEP...

The United States brought a non-jury action under §11(b)(5) of the Federal Water Pollution Control Act of 1970, 33 U.S.C. §1161(b)(5), to collect an administrative fine assessed by the Coast Guard, and to recover actual costs of $763.50 for the removal of oil spilled by defendant's vessel in the O...

The court grants summary judgment for the United States in its challenge to California State Water Resources Control Board's Decision 1422, which imposed conditions on the federal Bureau of Reclamation's permit for appropriating water to fill the reservoir created by the New Melones Dam. The conditi...

The Massachusetts Supreme Judicial Court rejects a constitutional and statutory challenge to a Brookline bylaw prohibiting off-premise advertising signs in any residential, industrial or business zone. The town acted properly within powers delegated by statute and administrative rule. "[A]esthetics ...

The court enjoins, as violative of NEPA, most of the United States Forest Service's (USFS') timber sales and logging activities in the Fox Planning Unit of the Six Rivers National Forest in California. A timetable is established for environmental impact statement (EIS) preparation leading up to fina...

In an action involving logging in national forests around Calder Bay, Alaska, the court enjoins the cutting of all trees which are not large, physiologically matured, or dead, and individually marked. Adhering to the Fourth Circuit's decision in West Virginia Division of the Izaak Walton League v. B...

The Forest Service is permanently enjoined from engaging in or permitting others to log areas contiguous to virgin forest in the Boundary Waters Canoe Area (BWCA) in Minnesota.The court finds that six of the seven active timber sales in the Portal Zone, which surrounds the Interior (no-cut) Zone, co...

In an eminent domain proceeding, the court holds that appellant landowners are not entitled to enhancement of the value of their land due to construction of the Toledo Bend Dam and Reservoir. Enhancement value is recoverable only if the land being condemned is outside the scope of the original proje...