Petitioners challenge EPA's approval of those portions of the New York Implementation Plan which concern transportation controls for New York City as being illegal under the requirements of the Clean Air Act. Applying the arbitrary and capricious standard of review, the Second Circuit Court of Appea...

The court denies petitions for a rehearing after finding that §16 of the Federal Power Commission Act, which requires construction of power plants to begin within two years of a license grant and limits extensions, will not foreclose Con Edison's Storm King project if construction is suspended pend...

Plaintiff, owner of the surface estate of Kentucky coal-bearing lands, contends that defendant, who holds the mineral estate under a "broad-form" deed and is engaged in strip mining of the land, is acting under color of state law and taking plaintiff's property without due process or just compensati...

The Second Circuit Court of Appeals affirms a district court order requiring the Interstate Commerce Commission to determine whether a NEPA impact statement is necessary in each railroad abandonment proceeding, and if so, to prepare a draft EIS prior to any administrative hearings. The single-judge ...

Supreme Court Justice William O. Douglas, sitting in his capacity as Circuit Justice for the Ninth Circuit, stays, pending appeal by plaintiffs to the circuit court, a district court order allowing construction of the Warm Springs Dam project to proceed. The stay is granted largely on the basis of a...

The court dismisses a suit to enjoin further construction on a highway expansion project and an adjacent shopping center complex for failure to state a claim under either the Clean Air Act or NEPA for which relief can be granted. The court strictly construes the Clean Air Act's requirement that noti...

The Eighth Circuit Court of Appeals affirms a lower court's ruling that the environmental impact statement for the Corps of Engineers' Truman Dam project on the Osage River adequately complies with the requirements of NEPA. The district court correctly refused to grant plaintiffs' request for a prel...

The court holds that the Forest Service, the Bureau of Land Management, and other agencies violated the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) by failing to comprehensively analyze the effects of oil and gas leasing on the Flathead and Gallatin National Forests...

The court denies a preliminary injunction against construction on the Vine Street Expressway while an administrative decision on whether to prepare a supplemental environmental impact statement (SEIS) on simultaneous construction is pending, because no irreparable harm is likely before that decision...

The court holds that the appeals courts have original and exclusive jurisdiction over a Department of Energy rule promulgated under §302(a)(3) of the Nuclear Waste Policy Act (NWPA), and that the rule, establishing a one-time fee based on the volume of spent nuclear fuel rather than the amount of e...