The ICC is temporarily enjoined from going forward with proposed proceedings to allow discontinuation of a railroad line until a draft environmental impact statement has been prepared and circulated as required by NEPA. Plaintiffs did not err in bringing the case before a single judge, rather than s...

The Supreme Court affirms on a 4-4 tie vote the decision of the D.C. Circuit Court of Appeals in Sierra Club v. Ruckelshaus, enjoining the Administrator of EPA from approving any state implementation plan under the Clean Air Act that permits significant deterioration of existing air quality. For the...

The Court of Appeals for the Third Circuit affirms the denial of a preliminary injunction but reverses summary judgment for the defendant. The court finds an unresolved issue of fact as to whether federal approval of the design of a disputed section of I-95 was granted prior to the enactment of legi...

The court vacates as moot the order of the district court, which enjoined the Comptroller of the Currency from further action to establish a branch bank in Woodstock Village, Vermont, pending filing of an EIS, and dismisses plaintiffs' appeal. For the decision of the district court, see 2 ELR 20687....

Contractors authorized by the Forest Service to harvest designated trees in a national forest may be taxed on the value of their possessory interest in the land and timber. This interest derives from the plaintiffs' right to use the federally owned land for commercial purposes and from their ownersh...

The Administrator of EPA need not file an environmental impact statement when determining standards of performance for emission control in sulfuric acid plants and coal-fired steam generaltors under §111 of the Clean Air Act, since properly construed the section requires the functional equivalent o...

The Tenth Circuit Court of Appeals overturns a district court order directing the Commissioner of the Bureau of Reclamation to remove all waters impounded in the Glen Canyon Dam reservoir from within the boundaries of the Rainbow Bridge National Monument. The court finds that the bridge itself is no...

A declaration of intent by the state Director of the Department of Natural Resources to designate land owned by plaintiffs as part of a Scenic River Area does not violate due process since the property has not been taken and the Director is statutorily prohibited from restricting its use. The law pr...

The Texas "Open Beach Act" mandates the removal of a barrier obstructing public access to a beach on San Luis Pass, the mouth of a tidal bay near Galveston, since the beach is part of the shore of the Gulf of Mexico and as such is protected for public use. The Act provides for a mandatory injunction...

A supplemental environmental assessment which concludes that the construction of a partially completed federal parking garage and detention center in Chicago does not significantly affect the quality of the human environment, is a lawful exercise of the General Services Administration's discretion a...