For the earlier opinion of the Court of Appeals for the Second Circuit, see 2 ELR 20216. On remand, a motion for a preliminary injunction against construction of the Metropolitan Correction Center (MCC), a jail, is denied. The court holds that the plaintiffs are unlikely to succeed on the merits of ...

The Supreme Court reverses a judgment of the United States Court of Appeals for the District of Columbia Circuit, in a suit brought under the Freedom of Information Act of 1966, to compel disclosure of nine documents concerning underground nuclear tests. The Court concludes that (1) exemption one do...

Pursuant to motions by the Atomic Energy Commission (AEC) and Commonwealth Edison Co. (Com. Ed.), the court dismisses a suit by farmers to enjoin the acquisition of land for a nuclear plant by Com. Ed., and to compel the adoption of construction licensing procedures by officials of the AEC which req...

County Road Commissioners are ordered to remove road fill from a pond situated between lands of plaintiff and adjacent landowner and to restore the three-to-four-acre inland pond to its preexisting freshwater condition. Notwithstanding the fact that the road fill traverses only a part of the pond su...

The United States Court of Appeals for the District of Columbia Circuit, sitting en banc, reverses the denial of further injunctive relief against the issuance of a special land use permit for construction purposes on the Trans-Alaska Pipeline Project. The court concludes that the grant of a right-o...

In holding that a private party does not have standing to sue public officials under the Water Pollution Control Act, the court relies on the dual test of Association of Data Processing Service Organizations v. Camp, 397 U.S. 150 (1970). The appellants meet the first requirement because "the challen...

Partial injunctive relief is granted in a suit challenging the construction of the substantially complete five-mile Forty-Seventh Street Bypass, on the ground that responsible officials failed to file a National Environmental Policy Act (NEPA) impact statement. The court holds that the limited gener...

The Administrator of the Environmental Protection Agency must promulgate final emission standards for the hazardous pollutants for which proposed standards had been promulgated in December 1971, within 60 days following the order of the court. Under §112 of the Clean Air Act Amendments of 1970, the...

In continuing to enjoin the Department of Defense (for issuance of injunction see 2 ELR 20739) from further Pacific Cratering Experiments on Enewetak Atoll, the court holds that Congress intended to include the Trust Territory under the coverage of the National Environmental Policy Act and that resi...

An order of the Illinois Pollution Control Board imposing a $1,000 fine for violation of the state Environmental Control Act is upheld. The power to impose monetary penalties granted by the Act does not constitute a prohibited delegation of legislative authority, because such quasi-judicial powers a...