The court denies petitioner's challenge to the terms of a national pollution discharge elimination system (NPDES) permit issued it by the Environmental Protection Agency (EPA). Petitioner alleged that the permit for its Norco refinery gave insufficient allowance for effluents from its olefins produc...

Denying plaintiffs' and defendants' cross-motions for summary judgment in a suit seeking declaratory and injunctive relief with respect to the proposed extension of Dort Highway near Flint, Michigan, the court finds that the federal defendants have violated their duties under the National Environmen...

The court vacates an injunction against completion of an urban renewal project, finding that defendants have brought their conduct into compliance with the requirements of the National Environmental Policy Act (NEPA). In a previous decision, 8 ELR 20727, the court ruled that defendants had violated ...

The Ninth Circuit affirms a district court's dismissal of a complaint seeking declaratory and injunctive relief against the proposed construction of a high-tower electric transmission line adjacent to appellants' property. The court finds that since appellants concede that the respondent utility's a...

In another challenge to the construction of the Tennessee-Tombigbee Waterway, which is now 29 percent completed, the court grants judgment for defendants and upholds design changes made by the Corps of Engineers. The challenge to widening the waterway to 300 feet is barred by laches because the suit...

In a previous decision, 9 ELR 20011, the court declined to issue a preliminary injunction against construction of an apartment complex in West Berlin because plaintiffs failed to present a substantial case on the merits that the requirements of the National Environmental Policy Act have been violate...

Supplementing the court's prior decision, 9 ELR 20060, on an action seeking equitable relief and monetary damages for alleged injuries arising from the construction and operation of a municipal sewage plant, the court preliminarily grants a motion to maintain the action as a class action, pursuant t...

The Supreme Court of Idaho rejects a claim of a public right to use respondent's lakefront beach for recreational purposes. The court first denies the applicability of the prescriptive easement theory, ruling that the general public cannot acquire prescriptive rights in private property because such...

Granting defendants' motion for summary judgment, the court holds that agencies of the federal government which purchase electricity from utility companies within the State of Maryland must pay an exaction imposed by state law and termed an "environmental surcharge." The environmental surcharge, as ...

The court approves a stipulation of dismissal of a suit challenging defendants' compliance with the requirements of the National Environmental Policy Act in connection with a marijuana eradication program conducted in Mexico. The stipulation provides that defendants will perform all environmental an...