The court denies plaintiffs' request for a temporary restraining order against the Bureau of Land Management's spraying of the herbicide 2,4-D on public forest lands. Noting that there is no direct evidence of health problems associated with the spraying of 2,4-D and that the herbicide does not cont...

In a suit raising numerous challenges to the Secretary of the Interior's regulations establishing a permanent surface mining control program, the court continues a preliminary injunction against enforcement of the August 3, 1979, deadline for submission of state programs, denies industry plaintiffs'...

In a suit raising a challenge under the National Environmental Policy Act to the salinity control program for the Colorado River Basin, the court of appeals affirms, though on separate grounds, the lower court's denial of a motion to intervene by several municipal water districts, 9 ELR 20073. The l...

The court upholds a town conservation commission's denial under a local wetlands protection ordinance of a landowners' application to construct an access road over marshlands to a proposed residential subdivision. Plaintiffs claim, inter alia, that the denial constitutes an uncompensated taking of p...

The court issues a declaratory judgment resolving conflicting claims to the waters of the Williamson River by parties with interests in lands formerly part of or adjoining the Klamath Indian Reservation established by treaty in 1864. Although the reservation has now been terminated, members of the K...

The court declares unconstitutional an Hawaii statute prohibiting the sale of plastic beverage containers. On the basis of the parties' stipulation of facts, the court rules that the statute denies package manufacturers their rights to equal protection and due process, is unconstitutionally vague, a...

The court denies plaintiffs' motion for a preliminary injunction suspending the Nuclear Regulatory Commission's (NRC's) designation of a transportation route for shipments of spent nuclear fuel through Portsmouth, Virginia. Plaintiffs had asserted that the designation of the transportation route (1)...

Reversing a criminal conviction, the court rules that the Outer Continental Shelf Lands Act (OCSLA) does not give the Secretary of the Interior authority to promulgate conservation regulations governing offshore activities unrelated to mineral leases. Defendant, who damaged a coral reef while carryi...

In an action challenging the Environmental Protection Agency's (EPA's) revised primary and secondary national ambient air quality standards for ozone, the court grants a motion by industry petitioners to correct the administrative record by removing certain documents placed there after the EPA Admin...

The Nebraska Department of Roads sought a mandatory injunction requiring appellant to remove an outdoor advertising sign located near an interstate highway. The relevant state law, Nebraska Revised Statutes §§39-1320 et seq., makes it unlawful to place advertising signs along any interstate highwa...