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United States v. Sunset Cove, Inc.

The Necanicum River in Oregon, a relatively small stream that is navigable in fact, meanders through an estuary several thousand feet wide at its mouth at the Pacific Ocean. Typically occupying only a small portion of the width of the estuary, the river's location shifts irregularly over the years, ...

Environmental Defense Fund v. Froehlke

Issuance of an injunction under NEPA against environmentally damaging aspects of a construction project pending filing of an environmental impact statement does not necessarily require the cessation of other less harmful aspects of the same project. The court affirms a lower court holding permitting...

Bianchini v. Humble Pipe Line Co.

A pipeline company is not liable for damage to oyster reefs resulting from an oil spill caused by a vessel's accidental rupture of an undersea pipeline. Strict liability will not be imposed where the damage is caused solely by a nonforeseeable, intervening event. The opinion of the lower court is af...

United States v. U.S. Steel Corp.

The Rivers and Harbors Act of 1899 forbids all discharges into navigable streams, whether or not navigability is impaired. The absence of a formalized permit procedure does not relieve polluters of the necessity of obtaining permission from the Secretary of the Army before any discharge. Compliance ...

Ethyl Corp. v. EPA

EPA must produce factual documents used in the issuance of proposed lead regulations under the Clean Air Act. The court affirms the lower court's holding that the Freedom of Information Act precludes the Agency from invoking executive privilege to withhold the information. The appropriateness of exe...

Environmental Defense Fund v. Tennessee Valley Auth.

The court reconsiders its previous interpretation and holds that NEPA's requirements are not merely procedural, but also necessitate a cost-benefit balancing that gives ample weight to environmental values. The court declines to substitute its judgment for that of TVA as to the necessity of the Duck...

Finish Allatoona's Interstate Right v. Volpe

A challenge to the sufficiency of the NEPA impact statement for the completion of an interstate highway in Georgia is rejected. It is not improper for the state's highway department to prepare the final impact statement, so long as the Secretary of Transportation reviews, approves, and adopts the st...

Gage v. Atomic Energy Comm'n

Illinois farmers seeking to stop, pending the filing of a NEPA statement, all land purchases by Commonwealth Edison for the siting of a future nuclear power plant, are denied direct review in the U.S. Court of Appeals of the AEC's order promulgating rules which permit land acquisition, though not si...

Environmental Defense Fund v. Ruckelshaus

Exclusive jurisdiction to review in whole or in part an order to suspend the use of DDT under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) vests in the United States Court of Appeals for the District of Columbia Circuit on the filing of a complaint and consolidation of five action...

Exxon Corp. v. New York, City of

Stay of enforcement of a municipal ordinance limiting the permissible lead content of gasoline offered for sale in New York City is continued on the condition that appellant oil companies be ready for trial within 30 days of the filing of this opinion, and that the trial proceed promptly thereafter....