Suit to enjoin the construction of an Interstate highway for failure of state and federal highway officials to comply with provisions of federal law which mandate public hearings and which require the minimization of environmental degradation caused by federally assisted highway projects is dismisse...

Defendants' motion to dismiss denied. To establish violation of §407 of the Refuse Act of 1899, government need not prove that refuse discharge impeded navigation. Willful, knowing discharge into navigable waters without permit is sufficient to establish offense. Nor must government allege that dis...

Construction loan by HUD of more than $3.1 million for high-rise apartment building for student occupancy in area where none presently exists is "major" federal undertaking that will have a "significant impact upon the quality of the human environment" in the area involved and thus requires the fili...

Where state Business and Professions Code requires ocean coastline subdivisions to provide public access to land below ordinary high watermark, where County Planning Commission required that developer provide footpath for public in compliance with Code, and where Board of Supervisors reversed ruling...

Plaintiffs' motion for partial summary judgment declaring that Section 5 of the Reclamation Act of 1902 is still in effect is granted. Section 5 makes residency a condition precedent to the right to receive water from federal irrigation projects. The government's contention that the residency requir...

The Federal Power Commission (FPC) regulations purporting to implement the National Environmental Policy Act of 1969 (NEPA) are invalid to the extent that they delegate the responsibility for preparation of an environmental impact statement to the applicant for a license. The FPC abdicated its respo...

In a suit brought by an environmental organization and the state of Illinois, the AEC's issuance of an interim operating license for the Quad Cities Nuclear Power Station, which would allow both plants to operate up to 50% of their total capacity, is preliminarily enjoined for failure to file an env...

New location hearings, design hearings and compliance with the environmental impact statement requirements of the National Environmental Policy Act (NEPA) are not necessary for a highway undertaking which was properly authorized prior to the effective dates of the Federal-Aid Highway Act of 1968 and...

The Tellico Project planned by the Tennessee Valley Authority for the Little Tennessee River was authorized by Congress and TVA in 1966. The project, which contemplates innundation of 16,500 acres including sites of historical, aesthetic and archeological significance, includes planned construction ...

A preliminary injunction was issued enjoining work on a water treatment and supply project (the Denniston Creek Project) on the grounds that no environmental impact report had been filed on the project as required by the California Public Resources Code §21151. Such a report is required if the proj...