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I-291 Why? Ass'n v. Burns

Further construction of an interstate highway segment is preliminarily enjoined pending preparation of a revised final environmental impact statement that meets the requirements of NEPA. At the outset, the court undertakes lengthy examination of the doctrine of laches, which defendants claim bars th...

Florida Audubon Soc'y v. Callaway

The Corps of Engineers' environmental impact statement on a dredge and fill project for 275 acres of marshland on a man-made island in the St. Johns River complies with the requirements of NEPA under the reasonableness standard. The island, which is zoned for industrial uses, has been designated as ...

Ybarra v. Los Altos Hills, City of

The Ninth Circuit Court of Appeals affirms a lower court's decision upholding the constitutionality of the large-lot zoning ordinance of a California suburban community. Plaintiffs, a group of Mexican-Americans wishing to construct a low-income multifamily housing project on certain land within the ...

Granite City Steel Co. v. EPA

The Seventh Circuit Court of Appeals rejects a challenge to an EPA-established interim compliance schedule for controlling particulate air pollution from coke ovens in Illinois by December 31, 1974, the date set in the state implementation plan. The increment of progress dates within the schedule ar...

West Penn Power Co. v. Train

The court finds that it is without jurisdiction to consider a claim that EPA acted illegally in rejecting plaintiff's plan for compliance with national sulphur oxides standards by the use of a tall stack instead of sulphur emissions control devices. The challenged action is EPA's approval of a porti...

Greater Anchorage Area Borough v. Johnson

The court holds that the Clean Air Act Amendments of 1970 waived sovereign immunity as to civil suits but not as to criminal prosecutions, and dismisses a criminal action against four employees of a federal railroad for violating a clean air ordinance by burning a number of telephone poles. The cour...

United States v. Whichard

The court grants summary judgment against the defendant, who excavated two canals on private property adjacent to the Pamlico River without first obtaining a permit from the Army Corps of Engineers, holding that such action constitutes a violation of §403 of the Rivers and Harbors Act. The court ru...

Fort Story—Its Future? v. Schlesinger

The court issues an injunction prohibiting the U.S. Navy from awarding contracts for the construction of a 600-unit housing project at Fort Story on the Virginia seashore until a NEPA impact statement has been filed. The project is a major federal action that will significantly affect the human envi...

Upper Pecos Ass'n v. Stans

The Tenth Circuit Court of Appeals affirms a lower court's ruling that NEPA does not specifically require voiding ab initio a grant offer of $4 million for construction of a road through the Santa Fe Forest even though the offer was made prior to filing an environmental impact statement. No funds ha...

Grand Canyon Dorries, Inc. v. Walker

The Tenth Circuit Court of Appeals finds that the question of whether the ongoing operation of the Glen Canyon Dam requires preparation of an environmental impact statement under NEPA is not ripe for judicial determination. There has as yet been no administrative determination by the Department of I...