The court rejects challenges to the adequacy of an environmental impact statement prepared for a proposed mass transit system and denies plaintiffs' request for injunctive relief based on the Department of Transportation Act, the Urban Mass Transportation Act, and the National Historic Preservation ...

Reversing the jury decision awarding damages for negligence, the court holds that evidence regarding sulfur content of the coal burned at defendant's plant was improperly excluded. Appellants pecan farmers sued for crop damages caused by sulfur dioxide emissions from the company's power plant. The t...

Reversing the lower court, 6 ELR 20683, the Fifth Circuit Court of Appeals holds that the criminal prohibitions of the Marine Mammal Protection Act (MMPA) do not reach conduct in the territorial waters of a foreign sovereignty. Defendant, an American citizen, was convicted of capturing dolphins with...

Plaintiff is entitled to an attorney fees award under the Federal Water Pollution Control Act (FWPCA) and the Marine Protection, Research, and Sanctuaries Act (MPRSA) because it constructively satisfied the notice requirements of the citizen suits provisions, which also allow attorney fees awards. I...

The United States brought suit to enjoin defendant from operating a by-product coke production facility in Chicago, claiming that the plant was in violation of the Illinois state implementation plan under the Clean Air Act. The district Court refuses to dismiss the case but grants defendant's motion...

The court grants declaratory relief and holds that Environmental Protection Agency (EPA) application of significant deterioration regulations to a proposed electric generating plant was arbitrary and capricious. The court has subject matter jurisdiction to review agency action even though 60-days' n...

In further litigation on the proposed state-run "wolf kill" on federal lands in Alaska, the federal district court in Alaska issues a summary judgment declaring that the Interior Secretary may prohibit the hunt but that a National Environmental Policy Act (NEPA) environmental impact statement (EIS) ...

The July 1, 1977 deadline under §301 of the Federal Water Pollution Control Act (FWPCA) for the achievement of best practicable technology need not be met when the Administrator of the Environmental Protection Agency (EPA) fails to meet his duty to publish appropriate interim effluent limitations b...

The court grants a motion to dismiss a challenge to point source effluent guidelines for the meat product industry. The court finds that the requirement in §509(b) of the Federal Water Pollution Control Act for petitions to be submitted within 90 days after promulgation of guidelines can only be wa...

The district court grants defendant's motion to dismiss plaintiffs' action to compel the Secretary of the Army to remedy erosion caused by federal harbor structures occurring along the Indiana Dunes National Lakeshore. The court has jurisdiction to issue a writ of mandamus to compel a federal offici...