The court rules that appellees, a group of municipalities in Utah and California, are not required to reimburse the Department of the Interior for expenses incurred in connection with their application for permits and rights-of-way for the Intermountain Power Project. Under §304 of the Federal Land...
The D.C. Circuit Court of Appeals dismisses a challenge to a national pollutant discharge elimination system (NPDES) permit for a sewage treatment plant on mootness grounds and remands the permit for another plant for further proceedings. The court first rules that petitioners have standing to chall...
The court determines that it is without jurisdiction to review the district court's decision in an action to enjoin construction of a railroad project. The district court had (1) denied certain defendants' motions to dismiss, (2) ruled that no further environmental impact statement (EIS) was necessa...
The court affirms the district court's ruling, 10 ELR 20779, that the Federal Highway Administration (FHwA) properly determined that the reconstruction of the Dauphin Island Bridge in Alabama, destroyed by Hurricane Frederic, is not a major federal action requiring preparation of an environmental im...
The court rules that noncompliance with §470f of the National Historic Preservation Act (NHPA) is not a defense to an action to condemn private property for a federal project under the Declaration of Taking Act (DOTA). The Corps of Engineers sought to condemn appellant's property, which was listed ...
Reversing the district court, the Ninth Circuit Court of Appeals rules that where a county zoning ordinance adopts two different zoning designations for contiguous pieces of realty, that property must be deemed divided into two separate parcels for purposes of determining whether the zoning actions ...
The court rules that the Secretary of the Interior's decision to postpone operator compliance with he permanent program for regulation of surface coal mining operations on federal lands does not violate the Surface Mining Control and Reclamation Act (SMCRA). On March 13, 1979, the Secretary promulga...
The court rules that under §113 of the Clean Air Act only the Administrator of the Environmental Protection Agency (EPA) is authorized to maintain a suit to enforce a state implementation plan (SIP) when the state has not done so. The Attorney General of the United States filed suit under §113 of ...
Affirming the denial of a preliminary injunction seeking to enjoin improvement of three interstate highway segments in Atlanta, Georgia, the Fifth Circuit Court of Appeals holds that the environmental impact statements (EISs) adequately considered alternatives and that the projects were not improper...
The court rules that de novo review is permitted in an enforcement action pursuant to §311 of the Federal Water Pollution Control Act to recover a $5,000 civil penalty for an alleged discharge of oil into navigable waters. After reviewing the statutory language, legislative history, and the relevan...