The court denies plaintiff's motion for a preliminary injunction against the taking by the Navy of 35 acres of park land in the city of San Diego for development into a medical center. Side-stepping plaintiff's argument that the environmental impact statement prepared for the project is deficient un...

The D.C. Circuit affirms the district court ruling, 11 ELR 20812, that the Forest Service's approval of exploratory mineral drilling in the Cabinet Mountains Wilderness Area, which supports populations of the threatened grizzly bear, did not violate the National Environmental Policy Act (NEPA) or th...

The court upholds a district court decision, 11 ELR 20877, that Washington's Radioactive Waste Storage and Transportation Act, which prohibits transportation and storage within the state of low-level radioactive wastes produced outside the state, violates the Supremacy and Commerce Clauses of the Co...

The court rules that §307(f) of the Clean Air Act authorizes the award of attorney fees to a prevailing corporate litigant. The court first rules that the language of §307(f) and its legislative history support the award of fees. Petitioner's litigation, 11 ELR 20836, helped to assure the proper i...

The court holds that the Federal Aviation Administration's (FAA's) finding of no significant impact (FONSI) pursuant to the National Environmental Policy Act (NEPA) for a proposed runway extension was reasonable. The court first holds that the FAA did not violate NEPA or the Airport and Airway Impro...

The court rules that the Corps of Engineers has jurisdiction under §404 of the Federal Water Pollution Control Act over defendants' wetlands property. Although the wetlands is separated from the St. Johns River by a road, the court rules that the property constitutes "adjacent wetlands" within the ...

The court rules that it has jurisdiction under the Administrative Procedure Act (APA) to review Department of Transportation Act, Federal-Aid Highway Act, and National Environmental Policy Act challenges to defendants' decision to build a bridge. The court notes that there is a general presumption i...

The court grants plaintiffs' request pursuant to the Equal Access to Justice Act (EAJA) for attorney fees and costs incurred in their action challenging the proposed spraying of insecticides in two national wildlife refuges in New York. Plaintiffs challenged the Fish and Wildlife Service's issuance ...

The court holds that the Secretary of Transportation's approval of the West Bypass highway project in Lincoln, Nebraska, which involves the taking of land in Wilderness Park, was made in compliance with the Department of Transportation Act (DOTA), the Federal-Aid Highway Act, and the National Enviro...

The court rejects the District of Columbia's request for attorney fees under §304 of the Clean Air Act in a citizen suit in which the District, originally a defendant, successfully moved for realignment as a plaintiff. The court notes that an award of attorney fees under §304 is "appropriate" with...