EPA's failure to prepare a state implementation plan under the Clean Air Act within two months following disapproval of the plan submitted by California violates a non-discretionary duty imposed by §110(c) of the Act and warrants an injunction requiring EPA to prepare a plan within two months. Alth...

The Court of Appeals for the Ninth Circuit affirms a judgment holding that defendants complied with the procedural requirements of the National Environmental Policy Act (NEPA) in connection with the construction of a series of generating facilities. The court concludes that: (1) an environmental imp...

Because construction of one segment of highway can determine the placement of another, a 14-mile project that was divided into two segments for federal approval requires a single impact statement under NEPA. An impact statement must be broad enough to cover the area over which construction may be di...

An injunction is granted restraining enforcement of 1971 amendments to surface mining regulations of the Department of Natural Resources. The 1971 amendments are invalid because they were not promulgated under the proper authority. Since there is a likelihood of substantial damage from continued min...

A preliminary injunction is granted (subsequently dissolved, infra) preventing defendant from allowing any development of de facto wilderness areas pending preparation of impact statements under NEPA. The court holds that development of a de facto area is a major federal action.
The preliminary inj...

The Court of Appeals for the First Circuit affirms a judgment of guilty under the Refuse Act of 1899. The court holds that the knowing discharge of refuse into a culvert that empties into a navigable waterway of the United States is a violation despite the fact that the culvert is part of a municipa...

The Washington Court of Appeals affirms a judgment holding that a piece of property is essential for highway purposes. The court holds that the state Environmental Policy Act is inapplicable to a highway project where all public hearings were held prior to the effective date of the Act.
Counsel for...

The Ohio Strip Mine Act of 1972 is held a valid exercise of the state's constitutionally authorized police power to regulate the methods of mining coal and other minerals. Even though the statute applies only to the stripmining of coal, it rests on a reasonable classification scheme since 77 percent...

Residues of DDT and dieldrin, present in processed fish because of general pesticide pollution of the Great Lakes, are "food additives" within the meaning of the Food, Drug, and Cosmetic Act. Under the FDCA, pesticide chemicals are not considered food additives when applied to raw agricultural commo...

The First Circuit Court of Appeals upholds EPA's authority to impose transportation controls under the Clean Air Act, but orders the Agency to hold a public hearing within ninety days to consider objections to its calculations regarding the amount of hydrocarbon and carbon monoxide reduction require...