The Seventh Circuit affirms the district court's ruling that the city of Chicago's application for community development block grant (CDBG) funds to finance the Milwaukee/Ashland Project complied with the Housing and Community Development Act (HCDA) and the National Environmental Policy Act (NEPA). ...
The Supreme Court of New Jersey rules that downstream riparian owners can maintain a nuisance action under the New Jersey Tort Claims Act against a municipality for damages caused by discharges of effluent from its sewage treatment plant. The court affirms the appellate division's ruling, 12 ELR 201...
The district court rules that the Commonwealth of Pennsylvania and its municipalities cannot recover damages for expenses incurred in responding to the Three Mile Island (TMI) nuclear accident. Initially, the court dismisses plaintiffs' claim for recovery of lost real estate tax revenues since the e...
The D.C. Circuit rules that 1978 amendments to the Wild and Free-Roaming Horses and Burros Act supercede the district court's injunction, 6 ELR 20802, prohibiting the Bureau of Land Management (BLM) from removing wild horses from Idaho public lands pending further consideration of a winter range man...
The court grants the United States' application for a preliminary injunction against fill activities in Lake Huron conducted without a permit in violation of §10 of the Rivers and Harbors Act and §404 of the Federal Water Pollution Control Act. Initially, the court rejects defendants' interpretati...
The Court rules that the Army Corps of Engineers' issuance of a permit for the construction of a barge facility near the Anderson Ferry, Ohio, violated §106 of the National Historic Preservation Act (NHPA). The court rejects defendants' contention that the preliminary case report submitted to the A...
The court reverses the district court's grant of a permanent injunction blocking the Federal Highway Administration (FHwA) from reimbursing New York State for the cost of acquiring the right-of-way for the Westway highway project. The court first rules that the lower court erred in finding that paym...
The court holds that the Bureau of Land Management (BLM) was not required under the National Environmental Policy Act (NEPA) to supplement a programmatic environmental impact statement (EIS) when it substituted herbicide sprays used in a forest vegetation management program in Oregon but that BLM mu...
The court denies defendants' motion for reconsideration of its ruling, 13 ELR 20174, which held that a "worst-case analysis" of the health effects of herbicide spraying must be included in the 1982 environmental assessment (EA) updating a forest vegetation control programmatic environmental impact s...
The court denies plaintiffs' motion for a preliminary injunction to halt construction of Bald Mountain Road in the Siskiyou National Forest in Oregon pending resolution of its National Environmental Policy Act challenge to the Forest Service's (USFS') finding of no significant impact concerning the ...