The Ohio Supreme Court rules that the state, as trustee of its wildlife for the benefit of the public, has an obligation to bring suit for civil damages against a municipality whose negligent operation of a sewage treatment plant resulted in a fish kill in the Portage River. The municipality may not...

The Fifth Circuit Court of Appeals reverses and remands a lower court's decision (sub nom. Sierra Club v. Froehlke) enjoining the Corps of Engineers from constructing the Trinity River Project and from continuing construction of the Wallisville Dam Project in Texas. The district court erred in holdi...

The Sixth Circuit Court of Appeals affirms a lower court's ruling that the Tennessee Valley Authority's environmental impact statement for its coal purchasing policy adequately complies with the requirements of §102(2)(C) of NEPA. The impact statement is sufficiently detailed under the rule of reas...

The Fifth Circuit Court of Appeals affirms, with modifications, a lower court injunction issued in a continuous discharge pollution action brought under the Refuse Act against the operator of a chemical plant. The injunction sets forth certain mandatory concentrations for discharges into the Houston...

On petitions to review an order of the Administrator, the court upholds EPA's disapproval of the Texas implementation plan for the control of photochemical oxidants, but rules that certain of the additional regulations which the agency proposed to insure attainment of the applicable air quality stan...

Plaintiff cannot prevail in suit to enjoin Corps of Engineers from dumping dredgings from the Genesee River into Lake Ontario, because there is no showing of likelihood of irrevocable injury to Lake Ontario—already polluted—if injunction is not granted. Corps is obligated by statute to maintain ...

The Refuse Act prohibits the discharge of any refuse matter without a permit, regardless of its effect upon the water; it does not distinguish between "industrial waste" and "industrial discharge." The fact that defendant's discharge conformed to the water quality standards established by Pennsylvan...

Plaintiff conservationists have failed to establish that irreparable harm will result from defendants' proposed work during the next six to12 months, while an injunction on work during that period might delay the completion of the project—if it is ultimately approved—by as much as a year. Plaint...

Virginia Highway Commissioner enjoined from changing the character or topography of any portion of plaintiff's property known as "Tuckahoe Plantation" registered as a national historic landmark under 16 U.S.C. §426(b), over which a portion of Virginia Highway Route No. 288, a joint project of Virgi...

District court injunction expanded to prevent any move to acquire title to "Tuckahoe Plantation" by state Highway Commissioner in connection with construction of proposed highway across portion of land. Court finds chance of irreparable injury to plaintiff, minimal potential risk to defendant, and s...