In an action brought by members of the Navajo Tribe to enjoin an agreement for uranium mining on the reservation because of the inadequacy of the environmental impact statement (EIS) prepared by the Bureau of Indian Affairs for the activity, the court affirms the district court's denial of a prelimi...

Affirming a lower court decision, 6 ELR 20251, the New York Court of Appeals upholds the landmark preservation status of New York City's Grand Central Terminal and declares that the scheme that would transfer development rights over the terminal to nearby properties is not a taking of private proper...

The court holds that Los Angeles failed to comply with a previous writ requiring submission of an adequate environmental impact report (EIR) discussing the proposed increase in the interim groundwater pumping rate from the Owens River Valley aquifer. The provisions of the California Environmental Qu...

The court temporarily enjoins enforcement of the Marine Mammal Protection Act with respect to the American tuna fleet because a 1977 permit allowing the incidental taking of porpoises while fishing for tuna has not been issued. The court also denies plaintiffs' motion for summary judgment to declare...

The court declares that a town ordinance limiting construction on Fire Island ocean-front property in order to protect fragile beach ecology represents an invalid exercise of the police power under the due process clauses of the state and federal constitutions. Petitioner's acquisition of the proper...

Reversing the district court, 7 ELR 20073, the court holds that appellants have standing to challenge the importation of baby fur sealskins and that the government's waiver of the importation moratorium violates the Marine Mammal Protection Act (MMPA). Appellee Fouke Company sought the waiver in ord...

The court recalls its mandate and amends its earlier judgment, 6 ELR 20068, thereby releasing the Environmental Protection Agency from the duty to establish "ranges" of effluent limitations other than those established by subcategorizing sources, to specify in more detail factors to guide National P...

Plaintiffs sought to block the proposed sale of the abandoned Charlestown Naval Auxiliary Landing Field as surplus property to an electric company for a nuclear power plant site. Plaintiffs appealed from other aspects of the district court opinion which held, inter alia, that sale of the site withou...

The court affirms an order of the Interstate Commerce Commission (ICC) requiring special operating authority to enable motor carriers to transport certain waste materials for recycling. Petitioner asserted that the ICC order lacks a rational basis and is inconsistent with an earlier court decision o...

Granting the government's motion for summary judgment, the court, in a case of first impression in the Third Circuit, upholds civil penalties assessed for oil spills under the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. §§1251-1376, ELR 41100-28, notwithstanding that defendants reported...