A memorandum issued by the Administrator of the Federal Aviation Administration (FAA) permitting airlines to use x-ray devices in terminals to inspect passenger baggage constitutes initiation of a new policy, requiring notice pursuant to the Administrative Procedure Act, as the use of x-ray devices ...
The Department of Environmental Resources (DER) unsuccessfully challenges through contempt proceedings that failure of the Pennsylvania Power Co. (PPC) to meet regulations stipulating acceptable levels of sodium dioxide (SO2) emissions. The Commonwealth Court finds that to hold PPC in contempt would...
The court issues a mandatory injunction requiring the defendant to remove a permanent bridge which he constructed across a tributary of the impounded Cumberland River without seeking a permit pursuant to the Rivers and Harbors Act of 1899. The authority of the United States over navigable waters ext...
The District Court of Rhode Island enjoins the Army Corps of Engineers from dumping spoil dredged from the Providence River at an ocean site off Newport for failure to obtain necessary permits according to the procedures of the Marine Protection, Research, and Sanctuaries Act (MPRSA). That the propo...
In an action to compel the Secretary of the Interior to exercise his statutory authority to protect the Redwood National Park from damage being inflicted upon it by timber harvesting done outside the part itself, the district court holds that the Secretary has a paramount legal duty to protect the p...
The court denies a motion for a preliminary injunction and dismisses an action alleging that the granting of permits for the construction of a shopping mall violates the Clean Air Act and the U.S. Constitution. Plaintiffs' claims that the project will cause violation of ambient air quality standards...
The U.S. Bureau of Reclamation's environmental impact statement for the Auburn Dam portion of the Central Valley Project in California does not adequately comply with the requirements of NEPA, and the court issues a permanent injunction against further planning or construction of the Dam. The injunc...
A suit seeking to enjoin further action by the Department of Defense implementing a realignment program of cutbacks, shutdowns, and transfers involving Naval personnel and facilities at Long Beach and San Diego until a NEPA impact statement has been prepared is barred by laches. The suit was filed s...
Under the Clean Air Act, it is illegal for a car dealer knowingly to allow a car without an idle speed solenoid or a functioning transmission-controlled spark system to be released since these are emission-control devices covered by the act. Neither the fact that the removal of the devices was done ...
The lower court's use of discretion in denying a preliminary injunction against a renewal project, under the auspices of the Redevelopment Land Agency (RLA), involving substantial property acquisition in a low-income area is upheld by the Court of Appeals for the D.C. Circuit, except for the conclus...