California's legislation patterned on NEPA (Public Resources Code §§21000 et seq.) requires that a municipal body submit an environmental impact statement before a conditional use or building permit is granted to a private party. The language of §21151, calling on local governmental agencies to "...

The failure of an industry affected by a state implementation plan to object within the time limits and according to the procedures established by §307 of the Clean Air Act, 42 U.S.C. §1857h-5, forcloses preenforcement judicial review of a compliance order issued under the plan. The industry's arg...

Approval of an application for a branch bank in Woodstock Village, Vermont by the Comptroller of the Currency is found to be invalid on three grounds. One ground is failure to comply with the National Environmental Policy Act, in that the bank would generate additional traffic and thus significantly...

For the earlier opinion of the Court of Appeals for the Second Circuit (dated May 17, 1972) sub nom. Hanly v. Mitchell, see 2 ELR 20216. On a second appeal, the court reverses the district court's denial of motions for jury trial and for a preliminary injunction against the construction of the Metro...

The Court of Appeals for the Sixth Circuit upholds the validity of a preliminary injunction against further construction on the partially complete Tellico Dam Project, grounding its decision upon defendants' failure to file an environmental impact statement in compliance with the requirements of §1...

The district court refuses to grant preliminary injunctive relief against the letting of bids and further work on the main contract for the New Melones Dam but retains jurisdiction pending the final updating of the interim environmental impact statement which is required by the National Environmenta...

The Pacific Cratering Experiments are preliminarily enjoined for failure to comply with the National Environmental Policy Act of 1969 (NEPA), which requires the filing of a final approved environmental impact statement.
Counsel for PlaintiffsTheodore R. Mitchell,Edward C. KingJames E. DugganCentral...

The Court of Appeals for the Eighth Circuit affirms a judgment dissolving an injunction and dismissing claims that provisions of the National Environmental Policy Act (NEPA) were violated by the decision of the Corps of Engineers to complete the Gillham Dam. The court concludes that there was substa...

A suit challenging the construction of a sewage treatment plant on grounds that the defendant failed to comply with the National Environmental Policy Act of 1969 (NEPA) and took property without just compensation in violation of the Fifth Amendment to the U.S. Constitution, and defendant is granted ...

The Court of Appeals for the Eighth Circuit reverses a judgment denying injunctive relief against the construction of the Cache River Project. The court holds, inter alia, that the existing environmental impact statement is defective because it is conclusory and inadequately deals with alternatives....