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United States v. Camden, City of

In an action to enforce the provisions of an NPDES permit issued under §402 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §1342, the court issues a consent order requiring the city of Camden to repair the main sewage treatment plant within 16 months and Baldwin's Run sew...

Swain v. Brinegar

The Seventh Circuit Court of Appeals, sitting en banc, reverses an earlier panel decision, 5 ELR 20354, which held that preparation of the NEPA impact statement for a proposed highway project had been improperly delegated to a state agency, but rules that the scope of the EIS was illegally restricte...

Natural Resources Defense Council v. NRC

The D.C. Circuit remands the Nuclear Regulatory Commission's (NRC) grant of an operating license for the Vermont Yankee nuclear power plant, concluding that the defendants violated NEPA by not discussing the environmental effects of radioactive waste disposal in the environmental impact statement (E...

Natural Resources Defense Council v. Arcata Nat'l Corp.

The court affirms a lower court's decision that the state forester must prepare an environmental impact report (EIR) under the California Environmental Quality Act (CEQA), ELR 43010, in reviewing timber harvesting plans submitted by private parties under the state Forest Practices Act. Contrary to d...

United States v. Reserve Mining Co.

Following the defendant's and state of Minnesota's failure to agree on an on-land waste disposal site, Chief Judge Devitt orders Reserve and its parent corporations to cease dumping taconite tailings into Lake Superior by July 7, 1977. This order follows the court of appeals' mandate, 5 ELR 20596, 2...

Apex Oil Co. v. United States

The court affirms the corporate defendant's conviction for failing to notify federal authorities of known oil spills, in violation of §311(b)(5) of the Federal Water Pollution Control Act, 33 U.S.C. §1321(b)(5), ELR 41118. There is no merit to defendant's contention that only a natural person, not...

Beaucatcher Mountain Defense Ass'n v. Coleman

Following its rejection of defendants' technical contentions, 6 ELR 20198, the court rules for defendants on the merits of this challenge to the opening of a six-lane highway cut through Beaucatcher Mountain near Asheville, North Carolina. The project's impact statement (EIS) complied with the Natio...

In re Multidistrict Vehicle Air Pollution

The court dismisses consolidated antitrust suits by 22 states and other localities and individuals challenging the auto companies' and their trade association's alleged 16-year conspiracy to eliminate competition in the development of automobile antipollution technology. In 1969, in a government sui...

Save the Courthouse Comm. v. Lynn

The court preliminarily enjoins a Housing and Urban Development (HUD) Department-financed urban renewal plan to demonlish the Westchester County Courthouse in White Plains, New York. The court has jurisdiction under both the Administrative Procedure Act and the federal question statute. Under the la...

National Wildlife Fed'n v. Coleman

The court denies defendants' petition for rehearing. The petition had requested the court to modify its earlier grant of injunctive relief, under the Endangered Species Act of 1973, against an interstate highway project until changes are made which enable the Secretary of the Interior to conclude th...