The court upholds the constitutionality of the Coastal Area Management Act of 1974 against several challenges, and dismisses other challenges for lack of standing. Starting with the presumption of the consitutionality of legislative acts, the court first considers plaintiffs' claim that the Act is a...
The Eighth Circuit finds that it is within the statutory authority of the Secretary of Transportation under Title I of the Highway Beautification Act to set aside 10 percent of a state's federal-aid highway apportionment once he has preliminarily determined that the state has failed to exercise effe...
In a suit seeking injunctive relief against construction of nine federal water resources projects in the Colorado River Basin pending compliance with the National Environmental Policy Act, the court denies defendants' motion for transfer from the District Court for the District of Columbia to the Di...
In an action for declaratory and injunctive relief under the Wild Free-Roaming Horses and Burros Act, ELR STAT. & REG. 41834, the court denies a motion to enjoin the Bureau of Land Management (BLM) from conducting roundups of wild horses on public lands in six grazing districts in Nevada. The co...
The court issues a preliminary injunction against demolition of an historic building as part of a federally funded urban renewal project and orders the Department of Housing and Urban Development (HUD) to prepare an environmental impact statement on the proposed demolition. Plaintiffs are not likely...
The Fifth Circuit Court of Appeals dismisses for lack of jurisdiction a petition for review of an Environmental Protection Agency (EPA) order subjecting the oil and waste heat powered cogeneration boilers of a recently constructed power plant to the new source performance standards for fossil fuel-f...
The court affirms a lower court's imposition of a $3,700 civil penalty on defendant for marketing 37 motor vehicles in violation of §203(a) of the Clean Air Act. Section 203(a)(1) of the Act provides that only vehicles covered by a "certificate of conformity" may be distributed in interstate commer...
The court upholds the Nuclear Regulatory Commission's (NRC's) denial of petitioner's request to revoke the license of the Morris, Illinois, nuclear fuel reprocessing plant, as well as its decision not to institute a proceeding to consider that request. Neither the Atomic Energy Act, the Administrati...
The court finds that defendants have violated §§301 and 404 of the Federal Water Pollution Control Act by discharging pollutants (dredged materials) without a permit from the Corps of Engineers, enjoins further construction of two levees and a drainage ditch, and orders restoration of a freshwater...
The Florida Supreme Court holds those portions of the state's Environmental Land and Water Management Act which provide for administrative designation and regulation of areas of critical state concern invalid as an unconstitutional delegation of legislative authority. The court rules that the statut...