The court reverses the trial court and remands the case to the Board of County Commissioners for preparation of an environmental impact statement (EIS) in conjunction with the issuance of permits for a proposed marina. The granting of a county building permit and a substantial development permit und...
The Minnesota Supreme Court affirms a lower court's judgment permanently enjoining the operation of a trap and skeet shooting facility in a rural area near Minneapolis because of adverse environmental effects. The Minnesota Environmental Rights Act gives any person or organization the right to bring...
The court rules that approval of a local health care plan by the Secretary of Health, Education, and Welfare pursuant to §1122 of the Social Security Act does not constitute a "major federal action" for purposes of §102(2)(C) of the National Environmental Policy Act (NEPA) and hence does not requi...
The Illinois Supreme Court reverses the appellate court and upholds the state pollution control board's grant of a variance from state mercury discharge standards that imposed technologically infeasible conditions on the plaintiff. Whereas simple findings of fact by state administrative agencies wil...
In consolidated suits to review the action of the Secretary of the Interior in reserving easements upon lands to be patented under the Alaska Native Claims Settlement Act (ANCSA), the court examines the scope of the Secretary's authority to reserve such easements and rejects specific reservations. U...
On direct appellate review of regulations promulgated by the Illinois Pollution Control Board pursuant to the state's Environmental Protection Act (ILL. REV. STAT. 1975, ch. 111 1/2, paras. 1029,1041) and Supreme Court Rule 335 (ILL. REV. STAT. 1975, ch. 110A, para. 335), the court affirms and finds...
The court affirms a district court judgment that the Environmental Protection Agency (EPA) lacks authority to exempt certain agricultural, silvicultural, and storm sewer runoff point sources from the National Pollutant Discharge Elimination System (NPDES) permit requirements of §402 of the Federal ...
The court affirms the trial court's denial of plaintiff's petition to overturn an amendment to the county zoning regulations that rezoned plaintiff's property from heavey industrial use to single-family residential use. Plaintiff's property consists of a remote 1,200-acre tract of undeveloped land s...
The court affirms most of a series of Interstate Commerce Commission (ICC) railroad freight rate increases that were challenged for lack of economic justification and on environmental grounds. On the economic issues, the court reiterates the premise that the ICC's decision on whether to suspend a pr...
The court grants petitioner's request for a writ of mandamus directing the lower court to proceed with an enforcement action seeking to compel the Columbus & Southern Ohio Electric Co. (C&SOE) to comply with the fuel boiler emission limitations in Ohio's state implementation plan (SIP) under...