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...

The Sixth Circuit Court of Appeals affirms a lower court's ruling and holds that the Federal Water Pollution Control Act Amendments of 1972 apply to the discharge of pollution into nonnavigable tributaries of navigable streams. The language of the statute and its legislative history clearly show tha...

The Fifth Circuit Court of Appeals reverses a district court decision and holds that the Clean Air Act Amendments of 1970 require the Tennessee Valley Authority and the U.S. Army to comply with the permit requirements of the Alabama implementation plan before operating equipment which causes air pol...

The Ninth Circuit Court of Appeals, sitting en banc, reverses and remands a lower court's refusal to order that a new public hearing must be held under 28 U.S.C. §128(a) before further actions can be taken toward constructing two portions of interstate freeways near Seattle. Section 128(a), as amen...

In a companion case to Lathan v. Brinegar, the Ninth Circuit Court of Appeals, sitting en banc, affirms a lower court order enjoining further work on an interstate freeway in Los Angeles until a new public hearing is held under §128(a) of the Federal-Aid Highway Act. Referring to its discussion of ...

The court holds that it lacks subject matter jurisdiction to review EPA's regulations, published pursuant to the Federal Water Pollution Control Act Amendments of 1972, setting forth effluent limitations for the pulp, paper and paperboard industries. Section 509 of the statute provides that such rev...

The court is without jurisdiction to hear plaintiffs' NEPA claims for a temporary injunction against further demolition of an allegedly architecturally unique building since no federal action is involved. In addition, the court finds that plaintiffs lack standing under the "injury-in-fact" test of S...

The court grants a preliminary injunction against further construction of a highway bridge over Lake Chautauqua because of defendants' failure to prepare a NEPA impact statement for the project. The court finds that plaintiffs are likely to succeed on the merits of their NEPA claims since Plans, Spe...

The court holds that the environmental impact statement for a highway project that bisects plaintiffs' farm adequately fulfills the requirements of NEPA, and vacates a preliminary injunction against right-of-way acquisition. The corridor hearings, which were held in 1969 and thus must not be viewed ...