The court holds that a country may refuse to participate in off-site emergency evacuation planning for a proposed nuclear power plant without violating the Supremacy Clause or the due process or equal protection rights of the nuclear license applicant. The court preliminarily decides to address inte...

The court rules that §7002 of the Resource Conservation and Recovery Act (RCRA) requires actual notice of intent to sue before filing a citizen suit and that the Act forecloses claims under the Civil Rights Act. The court first rules that §7002 requires actual notice. The statutory language is una...

The court holds that the Army need not prepare an environmental impact statement (EIS) for the contemplated testing of genetically altered materials at the proposed Aerosol Test Facility at the Dugway, Utah, proving ground, but holds that the environmental assessment (EA) on renovation of the facili...

The court first holds that the Occupational Safety and Health Act's (OSH Act's) hazard communication standard, which requires employers in the manufacturing sector to inform employees of potentially hazardous materials in the workplace, is a §6 standard, not a §8 regulation, and is therefore revie...

The court grants summary judgment to the plaintiff and enjoins defendants from depositing spoil from their annual dredging of the Upper Mississippi River on lands or within waters inside the boundaries of the state of Wisconsin until a final NEPA impact statement has been filed. The court finds that...

In a settlement agreement, environmentalist plaintiffs agree to drop their demand that a full environmental impact statement be prepared for all ships contracted for under the tanker subsidy program established by the 1970 amendments to the Merchant Marine Act. In return, defendant Maritime Administ...

The Court upholds a New York village zoning ordinance restricting occupancy per dwelling to a single family, and defining "family" as persons related by blood, adoption, or marriage, or not more than two unrelated persons, living together as a single housekeeping unit. The Court finds the ordinance ...

The U.S. Court of Appeals for the D.C. Circuit reverses and remands a Federal Power Commission decision to postpone action on an intrastate gas company's request for a determination as to whether providing service to an area which is claimed by both Tennessee and Georgia will subject it to regulatio...

The Fifth Circuit Court of Appeals upholds a lower court ruling that full NEPA compliance has occurred with respect to the Tennessee-Tombigbee Waterway project, and affirms the dissolution of a preliminary injunction. After an initial ruling that plaintiffs must establish their claims of procedural ...

The Colorado Supreme Court vacates a permanent injunction against further quarrying activity on property zoned for such use and reverses a lower court's ruling that such activity constitutes a public and private nuisance. The court holds that a use by right which is permitted under legislative zonin...