The court holds that suits brought pursuant to the National Environmental Policy Act (NEPA) challenging agency actions taken under the authority of the Northwest Electric Power Planning and Conservation Act must be filed in the courts of appeals. It construes the Northwest Power Act's venue provisio...

The district court enjoins the Federal Highway Administration (FHwA) from making any further payment for, or taking any further steps in support of, the construction of the Westway highway project in New York City, ruling that the FHwA failed to prepare a supplemental environmental impact statement ...

Reversing the Nebraska Supreme Court, 12 ELR 20246, the United States Supreme Court holds that a Nebraska statute, which conditions approval of interstate groundwater transport permits on the destination state's grant of reciprocal rights to withdraw and transport groundwater for use in Nebraska, vi...

The court grants a preliminary injunction against defendants' acquisition of land and construction for the initial stage of the Garrison Diversion Unit in the West Oakes area of North Dakota. The court first concludes that plaintiffs are likely to succeed on the merits of their claim that the projec...

The district court stays further proceedings pending exhaustion of administrative remedies in a suit seeking a declaratory judgment that plaintiffs' fill activities are not within the jurisdiction of the Army Corps of Engineers. Plaintiffs, who failed to obtain a permit under §404 of the Federal Wa...

The Eighth Circuit grants appellants' motion for a stay pending appeal of a preliminary injunction barring acquisition of land for construction of the initial stage of the Garrison Diversion Unit in the West Oakes area of North Dakota. The district court, 12 ELR 20756, enjoined construction of a pum...

The court upholds the district court's refusal to enjoin a wild horse roundup for alleged NEPA violations. Since the only roundup which was arguably carried out without an environmental impact statement (EIS) has been completed, the case is moot. Although EISs for all planned future roundups are not...

In a suit to enjoin the sale of federal coal leases in the Powder River Coal Region of Montana and Wyoming, the court grants defendants' motion for a transfer of venue to the Montana district court. Venue is proper in Montana since three of the five plaintiffs are located in Montana, all of the plan...

The court holds that the Great Miami River in Ohio and four of its tributaries are not navigable within the meaning of §10 of the Rivers and Harbors Act of 1899. Since the parties agree that no use of these waterways for commercial purposes occurred after 1830, the court considers the question of n...

The court rules that a site-specific environmental impact statement (EIS) is not required under the National Environmental Policy Act (NEPA) prior to aerial broadcast spraying of insecticide to eradicate the gypsy moth in South Salem. Initially, the court holds that plaintiffs do not have a private ...