The parties agree to a settlement of this suit challenging the adequacy of the final environmental impact statement (EIS) prepared in connection with a proposed legislative authorization for construction of the Bureau of Reclamation's Garrison Diversion Unit. Noting the president's recent recommenda...

The court affirms a lower court's dismissal, 6 ELR 20718, for lack of subject matter jurisdiction of a suit seeking declaratory and injunctive relief against an air pollution abatement order. An examination of the statutory language and legislative history of §113 of the Clean Air Act indicates tha...

The court affirms the lower court's dismissal of a suit challenging an administrative law judge's refusal to consider certain issues in a National Pollutant Discharge Elimination System (NPDES) permit proceeding and denies a petition for review of the conditions imposed by the permit on the applican...

The court holds arbitrary and capricious the Securities and Exchange Commission's (SEC's) decision not to impose upon registrant corporations any additional environmental disclosure requirements and remands the case to the SEC for reconsideration. While the National Environmental Policy Act does not...

Reversing a lower court, 6 ELR 20496, the Fourth Circuit orders the Environmental Protection Agency (EPA) to include in a hearing on the renewal of Philadelphia's ocean dumping permit the question of whether the Cape May site should continue to be designated as a proper ocean dumping site. Following...

The court affirms the lower court decision, 6 ELR 20580, granting summary judgment against a suit to enjoin construction of a West Virginia lake project. The court adopts the lower court reasoning that the Corps of Engineers' environmental impact statement adequately complied with the requirements o...

The court enjoins filling of land below a specified contour line because the land has been periodicaly inundated, supports wetland vegetation, and thus comes within the regulatory scope of the Corps of Engineers. Plaintiff seeks to enjoin filling on the unfilled portion of defendant's 80-acre parcel...

The Army Corps of Engineers' Environmental impact statement for proposed dredge and fill activities adequately complied with the requirements of National Environmental Policy Act. The challenged project requires dredging of various offshore sites, except those designated as traditional shrimping gro...

The court grants defendant's motion for summary judgment in a suit challenging the Transportation Secretary's approval of an application for funds to acquire land for an airport in Illinois. Faced with the need for a new airport to serve the St. Louis metropolitan area, studies were made of Lambert ...

The court stays a preliminary injunction issued by the district court which conditionally allowed tuna fishermen to take porpoise incidental to their fishing, contrary to the Marine Mammal Protection Act (MMPA), until a 1977 permit was issued. The district court abused its discretion by enjoining th...