In separate opinions, the Alaska Supreme Court holds that the Department of Natural Resources (DNR) violated statutory requirements for consultation with local governmental before issuing oil leases in Kachemak Bay, but gives its ruling prospective effect only, and remands the case for a determinati...

Defendants have complied with the relevant requirements of the Housing and Community Development Act of 1974 (HCDA), 42 U.S.C. §§5301 et seq. and NEPA, 42 U.S.C. §§4321 et seq. in applying for federal funding, in the form of a block grant, for a community development plan in Kingston, New York. ...

The Ninth Circuit, affirming a lower court's finding of negligence on the part of Utah Power, operator of the Bear River-Bear Lake water storage system, holds the company liable for flood damage to downstream property. Utah Power's assertion that it had no duty to control flooding must be rejected b...

The court refuses to dismiss an action challenging the opening of a cut through Beaucatcher Mountain near Asheville North Carolina for freeway construction, but denies plaintiffs' motion for preliminary injunctive relief. Plaintiffs clearly have standing since members of their association live on or...

The Court of Appeals vacates a lower court's stay of federal grand jury proceedings investigating possible violations of Pennsylvania's Clean Air Act implementation plan. The district court held the investigation could not proceed concurrently with state enforcement proceedings against the same poll...

Concluding that this injunctive challenge to flights into the United States of the Concorde SST is now moot, the court dismisses the amended complaint without prejudice. Previously, 4 ELR 20496, the First Circuit upheld this court's refusal to issue a temporary restraining order against Concorde dem...

A district court judgment requiring restoration of ten canals dug without Corps of Engineers permits is partially reversed and remanded. Five of the canals, although located above the mean high tide line, are subject to the Corps' jurisdiction under the Rivers and Harbors Act of 1899 because they ar...

A lower court judgment ordering restoration of canals dug above the mean high tide line but connected to navigable waters without permits from the Corps of Engineers is partially reversed and remanded. The canals are subject to the Corps' dredge and fill jurisdiction under the Rivers and Harbors Act...

In a companion case to United States v. Joseph G. Moretti, Inc., the court of appeals affirms the validity of the Army Corps of Engineers' denial of an after-the-fact application for a dredge and fill permit. The district court correctly concluded that the Secretary of the Army was not required to r...

The planned relocation of various Air Force units from bases near Kansas City, Missouri, and elsewhere to Scott Air Force Base in Illinois is enjoined pending preparation of a full NEPA impact statement. The Air Force's determination that the proposed realignments, which involve more than 7,500 pers...