In a suit for damages and injunctive relief in which plaintiff alleged the illegality of the leasing of surplus federal port facilities to a private party, the court dismisses all of the claims advanced by plaintiff except for one seeking production of certain documents under the Freedom of Informat...

On review of the second environmental impact statement (EIS) prepared by the Corps of Engineers in connection with the West Tennessee Tributaries Project, the court finds the EIS inadequate under the National Environmental Policy Act (NEPA) and continues an injunction entered five years earlier agai...

The court dissolves an injunction against construction of a low-income housing project as part of an urban renewal program after determining that the Department of Housing and Urban Development (HUD) has fulfilled its duty to consider reasonable alteratives under §102(2)(E) of the National Environm...

The Minnesota Supreme Court reverses the judgment of a state district court modifying a permit issued by appellant agency allowing on-land disposal by respondent of taconite mining wastes. The district court had invalidated several conditions in the dumping permit because of inconsistency with the g...

The court upholds most provisions of the interim regulations promulgated by the Department of the Interior pursuant to the Surface Mining Control and Reclamation Act of 1977. A number of coal companies moved for summary judgment on their requests for preliminary and permanent injunctions against enf...

In a suit challenging the Energy Research and Development Administration's (ERDA's) nuclear waste management program, the court grants defendants' motion for summary judgment on counts I and III of the complaint, which allege that defendants must obtain a license from the Nuclear Regulatory Commissi...

In a five-to-three decision, the Supreme Court affirms the ruling of a three-judge district court declaring §8(a) of the Occupational Safety and Health Act (OSHA) unconstitutional. Writing for the majority, Justice White concludes that §8(a), which authorizes inspection of the work area of any fac...

The court grants the Environmental Protection Agency (EPA) Administrator's motion for summary judgment in a suit challenging his decision to stop further processing of an application for federal funding of a proposed sewage treatment plant near Dickerson, Maryland. Plaintiffs are mistaken in asserti...

Reversing the lower court's issuance of injunctive relief, 7 ELR 20720, the court of appeals rules that the Forest Service need not prepare a programmatic environmental impact statement (EIS) for clearcutting in Texas national forests pursuant to interim guidelines under the National Forest Manageme...

The court denies defendants' motion to dismiss claims under the Federal Water Pollution Control Act (FWPCA), the Marine Protection, Research and Sanctuaries Act (MPRSA), and the federal common law of nuisance seeking declaratory and injunctive relief against the defendants' dumping of garbage and se...