The D.C. Circuit Court of Appeals reverses a lower court ruling granting summary judgment against plaintiffs who sought to close down a municipal incinerator. Two City Council-approved postponements of the scheduled July 4, 1973, closing date for the incinerator did not constitute valid revisions of...
The D.C. Circuit Court of Appeals holds valid EPA's stationary source standards, promulgated under §111 of the Clean Air Act, for new or modified Portland cement plants. The Administrator's response to the court's earlier remand order adequately reconsiders and clarifies those matters that the cour...
The D.C. Circuit Court of Appeals upholds an Atomic Energy Commission order denying plaintiff's request for a shutdown or derating of 20 nuclear power plants on the basis of the alleged inadequacy of Interim Acceptance Criteria (IAC) for emergency core cooling systems. The order is neither arbitrary...
In an action brought under the Rivers and Harbors Act of 1899, the court orders a developer who commenced canal building and modification without a Corps of Engineers permit to restore preexisting canals to their original depth, plug and fill in those canals it has constructed, and replant the mangr...
The court holds that an environmental impact statement (EIS) prepared for a federal-aid highway project is defective in that it lacks a sufficiently detailed consideration of all reasonable alternatives and was produced by the state Department of Transportation rather than the responsible federal of...
The Bureau of Land Management's regulations governing the use of off-road vehicles (ORVs) on public lands administered by the agency fail to comply with the requirements of Executive Order No 11644 and NEPA. By designating all otherwise unrestricted public lands as "open" use areas, BLM has violated...
The United States Court of Appeals has exclusive jurisdiction to hear plaintiff's challenge to the EPA Administrator's refusal to grant an emergency exemption for the use of DDT on the cotton budworm in Louisiana. The Administrator's decision to deny an exemption was made after an informal public he...
A landowner's dredging of a creek, filling of marshlands adjacent to his property, and construction of a bulkhead below the mean high water line without permits from the Corps of Engineers violates both the Rivers and Harbors Act of 1899 and the Federal Water Pollution Control Act Amendments of 1972...
The court orders Interior Department officials to prepare, consider, and disseminate environmental impact statements on annual proposals for financing the National Wildlife Refuge System, after finding that such proposals are proposals for legislation within the meaning of §102(2)(C) of NEPA, and a...
The court denies a private landowner's motion to dismiss a suit under the Rivers and Harbors Act seeking damages for harm to oyster beds and aesthetic enjoyment of a creek caused by allegedly illegal dredge, fill, and bulkheading activities. Plaintiffs may, insofar as they have alleged obstructions ...