The court enjoins further construction on a portion of a federal-aid highway project after determining that the Federal Highway Administration (FHwA) failed to comply with its statutory obligation under the National Historic Preservation Act to consider the effect of the project on a nearby historic...
The court denies plaintiff's motion for temporary injunctive relief pending appeal from the trial court's rendering of summary judgment for defendants in a suit challenging the adequacy of the environmental impact statement (EIS) prepared for a state water transmission project. To obtain preliminary...
The court grants plaintiffs' request for a preliminary injunction restraining implementation of Environmental Protection Agency regulations to enforce §311 of the Federal Water Pollution Control Act, which establishes a comprehensive reporting, liability, and cleanup scheme governing the discharge ...
The court rules that the public trust doctrine renders defendant state agency powerless to permit landfilling of estuarine waters unless the proposed fill is for a water-related activity. This challenge to defendant's issuance of a permit to extend an airport runway into a state-owned estuary follow...
The Fifth Circuit Court of Appeals determines that a programmatic environmental impact statement (EIS) prepared in connection with a proposed urban rapid transit rail system satisfies the requirements of the National Environmental Policy Act (NEPA) without the preparation of additional site-specific...
The court reverses the lower court's invalidation of a section of the State Administrative Code under which plaintiff state agency claimed authority to regulate the use of state recreational lands for business or commercial purposes. The trial court erred in determining that the provision is an unco...
Affirming the lower court's decision, 8 ELR 20333, the Ninth Circuit Court of Appeals adopts the district court's conclusion that multiple bird deaths resulting from a single transaction cannot be separately charged under the Migratory Bird Treaty Act.
For a discussion of recent prosecutions under ...
Granting plaintiffs' motion for a preliminary injunction against a channel improvement project, the court finds that the project not comply with the criteria under §216 of the Flood Control Act of 1950 limiting the expenditure of funds to certain emergency situations. The court first holds that the...
The court enjoins the Environmental Protection Agency (EPA) from instituting enforcement proceedings against a utility for violating sulfur oxide emissions limitations in the Missouri state implementation plan pending resolution of the utility's application to the state for a variance from the sulfu...
The Minnesota Supreme Court reverses the district court's affirmance of the Minnesota Environmental Quality Council's issuance of a construction permit for a proposed high voltage transmission line (HVTL). Plaintiffs, owners of property adjacent to the designated corridor, sought injunctive relief v...