A lower court judgment requiring restoration of two canals constructed above the mean high tide line without a Corps of Engineers permit is partially reversed and remanded. The district court erred in ordering restoration of canal No. 2 which has not been connected to navigable waters since it is no...

Petitioners seek review of the Environmental Protection Agency's (EPA) 1973 regulations, issued under §211 of the Clean Air Act, which require phased reductions in gasoline lead additives in order to protect public health. An initial panel opinion favorable to petitioners, 5 ELR 20096, was subseque...

New Jersey's Waste Control Act, which prohibits disposal within the state of waste that originated or was collected outside the state's territorial limits, does not violate the Commerce Clause of the United States Constitution. Despite decisions holding that commodities injurious to the public healt...

The court grants summary judgment to plaintiff in a suit challenging a Food and Drug Administration regulation which states that the agency has no authority to take regulatory action solely on the basis of environmental considerations not enumerated in its enabling statutes. The challenged regulatio...

Forest Service approval of exploratory prospecting in the Custer National Forest is not a major federal action significantly affecting the environment and therefore does not require preparation of an environmental statement under NEPA. Neither §102 of NEPA nor the Council on Environmental Quality g...

The Delaware River Basin Commission adequately complied with all the requirements of NEPA in approving construction of a proposed oil pipeline. Jurisdiction to hear plaintiff's challenge to the Commission's action cannot be predicated on the Declaratory Judgment Act, the mandamus statute, the Admini...

A consent agreement between EPA and the General Services Administration (GSA), which alters previously existing compliance schedules for two GSA heating plants in Washington, D.C., is not an action subject to direct review in the court of appeals under §307(b)(1) of the Clean Air Act. On petitioner...

The Second Circuit Court of Appeals rules that the courts of appeals have exclusive jurisdiction under §509 of the Federal Water Pollution Control Act Amendments of 1972 to review the EPA Administrator's action in promulgating regulations establishing "effluent limitations guidelines," and remands ...

The parties stipulate that the defendants will apply for federal grants in order to pursue an itemized schedule for construction of sewage treatment facilities in Port Chester. The schedule provides for appointment of a state employee to oversee the project, public hearings on the project's environm...

The court sets aside and remands for further consideration EPA's "new source" limitations for the phosphate manufacturing industry promulgated under §306 of the Federal Water Pollution Control Act Amendments of 1972. EPA has already conceded that it will reconsider the new source performance standa...