The Montana Supreme Court, in its first interpretation of the Montana Environmental Policy Act, holds that the environmental organization plaintiffs have standing, that the environmental impact statement prepared by the Montana Department of Health and Environmental Sciences for a proposed residenti...

Provisions in the Water Quality Improvement Act of 1970, which are identical to those in the Federal Water Pollution Control Act Amendments of 1972, and which confer immunity from criminal prosecution upon persons reporting an oil spill, do not extend to the assessment of civil penalties against suc...

The court vacates a lower court's denial of injunctive relief against construction of a highway bridge over Cross Lake, a significant recreation area near Shreveport, Louisiana. The case is remanded to the district court with directions to enter a preliminary injunction against construction until th...

The court enjoins defendants from preventing any member of the general public who possesses a valid state or federal recreation permit from entering the as-yet undisturbed surface area of their unpatented mining claim for recreation such as hunting or camping or to gain access to adjoining land. A r...

In a case of first impression, the court, citing lack of congressional intent, dismisses a suit against the Environmental Protection Agency (EPA) seeking preenforcement review of a compliance order under the Clean Air Act. Six months prior to filing this action, the plaintiff, a producer of asphalt ...

The court grants plaintiff's motion to enter defendant's property in order to drill wells and conduct sampling in connection with an enforcement action under the Federal Water Pollution Control Act Amendments of 1972 and the Rivers and Harbors Act of 1899. The United States is not required to indemn...

The court denies defendants' petition for rehearing. Nothing in the Supreme Court's recent decision in Kleppe v. Sierra Club, 6 ELR 20532, requires an outcome contrary to this court's earlier decision that the Commission must refrain from commercial licensing of mixed oxide fuel-related activities p...

The Postal Service erred in concluding that construction of a new postal facility in a suburb of Rochester, New York, did not require preparation of a full-scale NEPA impact statement. The Service's environmental assessment for the project neglected to consider a number of possible major environment...

Petitioners challenge the EPA Administrator's action in promulgating regulations establishing effluent limitations and new source performance standards for the pulp, paper and paperboard industries, and appeal a lower court of appeals. The D.C. Circuit regulations lies exclusively in the court of ap...

In an advisory opinion requested by the state Senate, the Justices unanimously sustain the constitutionality of a bill that would authorize use of state motor vehicle and fuel tax revenues to construct and maintain commuter bikeways and bicycle parking facilities. The state constitution limits the u...