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Everett Plywood Corp. v. United States

The Court of Claims reverses the trial court and holds that the United States Forest Service's (USFS') cancellation of a timber contract because of anticipated environmental damage constitutes a breach for which the government is liable in damages. Under the terms of the contract, plaintiff agreed t...

Conservation Council of W. Austl. v. Aluminum Co. of Am.

The district court holds that it lacks subject matter jurisdiction over a suit brought by an Australian conservation group to halt mining and refining operations being conducted in Western Australia by American corporations and their affiliates. The court lacks subject matter jurisdiction under 28 U...

Committee for Charter Protection for Parks v. Weinberger

The court denies a motion for a preliminary injunction against the Navy's selecton of a parkland site for construction of a hospital. Under the Ninth Circuit Court of Appeal's tripartite test for deciding preliminary injunction requests in cases challenging compliance with the National Environmental...

California v. Watt

The District of Columbia Circuit Court of Appeals rules that the Secretary of the Interior's preparation of the five-year oil and gas leasing program for the outer continental shelf (OCS) violated §18 of the Outer Continental Shelf Lands Act (OCSLA). Initially, the court determines that, based upon...

Wilson Farms Coal Co. v. Andrus

The court rules that under §526(a)(2) of the Surface Mining Control and Reclamation Act, appeals of adverse rulings in enforcement proceedings must be made within 30 days. The court strictly construes the 30-day statute of limitations in order to provide for an orderly process of judicial review wi...

Gary, City of v. Stream Pollution Control Bd.

The court rules that financial difficulty does not excuse a municipal landfill's noncompliance with the state Stream Pollution Control Board's order to upgrade current dumping practices and upholds a preliminary injunction mandating either compliance with the order or cessation of operations until a...

White Fence Farm, Inc. v. Land & Lakes Co.

The court upholds the dismissal of a challenge to the Illinois Environmental Protection Agency's (IEPA's) grant of a sanitary landfill permit because appellant failed to exhaust its administrative remedies. The court holds that §31(b) of the Illinois Environmental Protection Act provides appellant ...

Bradley v. Department of HUD

The court affirms the district court's holding that the Department of Housing and Urban Development's (HUD's) approval of an application for block grant funds for redevelopment planning under the Housing and Community Development Act (HCDA) is not a "major Federal action" within the meaning of §102...

Weinberger v. Catholic Action of Haw./Peace Educ. Project

Reversing a decision of the Ninth Circuit, 10 ELR 20683, the Supreme Court upholds the Navy's failure to prepare an environmental impact statement (EIS) for a classified nuclear weapons storage project. The Court first holds that the Ninth Circuit incorrectly interpreted §102(2)(C) of the National ...