In a memorandum decision the court affirms the Atomic Safety and Licensing Appeal Board's denial of a motion (1) to suspend the construction permit for the Sterling Nuclear Power Project and (2) to enjoin the plant's owner from contracting for nuclear fuel for the plant until the Nuclear Regulatory ...

The court dismisses an action to enjoin construction of a highway through a wildlife sanctuary pending preparation of a supplemental environmental impact statement (EIS) under the National Environmental Policy Act (NEPA). Following state law, the state prepared an addendum discussing plaintiffs' pro...

The Fifth Circuit upholds the lower court's dismissal, 9 ELR 20492, a suit to halt completion of the Tennessee-Tombigbee Waterway on grounds of laches. Plaintiffs argued that the planned width of the waterway exceeded the size authorized by Congress in 1946. Although the Secretary of the Army revise...

The court issues a permanent injunction preventing the Soil and Conservation Service (SCS) from authorizing or financing further modification of Blue-Eye Creek near Talledega, Alabama. Denying defendants' motion to dissolve a preliminary injunction issued in 1973, the court concludes that the decisi...

After granting the motion of the Tennessee Valley Authority to intervene as a party defendant, the court dismisses an action seeking an order requiring the Nuclear Regulatory Commission (NRC) to hold a hearing concerning the operations of the Sequoyah nuclear plant. Section 189 of the Atomic Energy ...

Elaborating upon its earlier opinion, 8 ELR 20719, the court affirms a lower court's decision finding unconstitutional a portion of the Oklahoma Waste Disposal Act. Appellants argued that the court's earlier opinion struck down only that part of the statutory section that prohibited the import of ha...

The Supreme Court construes §307(b)(1) of the Clean Air Act, which confers on the courts of appeals jurisdiction to review enumerated Environmental Protection Agency (EPA) decisions under the Act and any other final action that is locally or regionally applicable, to mandate direct court of appeals...

The court refuses to grant a preliminary injunction vacating a New York Department of Environmental Conservation (DEC) order denying Grace Disposal and Leasing, Ltd. (Grace) a permit to continue operation of a sanitary landfill in the town of Warwick. DEC refused to issue the permit because Grace re...

The Fifth Circuit remands for dismissal as moot an action seeking to enjoin further funding or construction of a highway segment because of alleged violations of the National Environmental Policy Act. No stay pending appeal was sought, and the disputed segment has been substantially completed in the...

The court denies federal defendants' motion to dismiss a suit by a landowner alleging a violation of applicable procedural regulations with regard to an Urban Development Action grant under the Housing and Community Development Act (HCDA) for acquisition and redevelopment of blighted properties.The ...