Presently before the court is the question of whether the environmental impact statement for a 9.6-mile segment of the Transpark Road meets the statutory requirements of NEPA. Under the Act, the EIS must serve two functions: (1) aid in the substantive decision whether to proceed with the project in ...

The court upholds the constitutionality of a 1902 Georgia statute that extended to the low watermark the boundaries of lands adjacent to navigable tidewaters, but limits its scope to the cultivation and harvesting of oysters and clams. The 1902 Act was immunized from further constitutional attack by...

The court directs the Duxbury board of zoning appeals of issue a permit allowing the excavation and filling of plaintiffs' tidal marsh, subject to conditions necessary to prevent erosion of the fill. A rehearing is denied in a supplemental opinion emphasizing that the decision should not be construe...

Plaintiffs seek just compensation for lands taken by the United States under the Redwoods National Park Act, 16 U.S.C. §79a-j, and for loss of access to other lands not taken. Plaintiffs deny that the Interior Department has power to remove, as it claims to have done, 90 acres from the legislativel...

The Eighth Circuit Court of Appeals affirms a lower court's denial of injunctive relief against construction of the Meramec Park Lake Dam near St. Louis, Missouri. The plaintiffs fail to prove that the project violates both NEPA and the Endangered Species Act of 1973. The revised environmental impac...

The Rhode Island Supreme Court affirms a lower court decision rejecting challenges of improper legislative delegation, denial of equal protection, and taking without compensation to the Rhode Island Fresh Water Wetlands Act provisions requiring state agency and municipal approval of wetlands alterat...

The court of appeals upholds the validity of the variance provision in EPA regulations setting effluent limitations for a number of industrial categories. The clause in question authorizes the grantor of a discharge permit under §402 of the Federal Water Pollution Control Act (FWPCA) Amendments of ...

On remand from the Supreme Court, 6 ELR 20030, the Seventh Circuit, by denying the petition for review, upholds the Atomic Energy Commission's decision to license the Bailly nuclear power plant adjacent to the Indiana Dunes National Lakeshore. The AEC has jurisdiction to approve the plant site, notw...

The First Circuit Court of Appeals affirms a lower court's conclusion, 6 ELR 20048 (D. Me. 1975), that the prohibition in §13 of the Rivers and Harbors Act of 1899 against the discharge of refuse into navigable waters without a permit from the Secretary of the Army applies to peeled bark and sunken...

The court refuses to enjoin the lease sale of outer continental shelf lands in the Gulf of Alaska, notwithstanding a referral by EPA under the Clean Air Act to the Council on Environmental Quality. The environmental impact statement (EIS) adequately weighs the relevant costs and benefits of the prop...