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I-291 Why? Ass'n v. Burns

Further construction of an interstate highway segment is preliminarily enjoined pending preparation of a revised final environmental impact statement that meets the requirements of NEPA. At the outset, the court undertakes lengthy examination of the doctrine of laches, which defendants claim bars th...

Florida Audubon Soc'y v. Callaway

The Corps of Engineers' environmental impact statement on a dredge and fill project for 275 acres of marshland on a man-made island in the St. Johns River complies with the requirements of NEPA under the reasonableness standard. The island, which is zoned for industrial uses, has been designated as ...

Wisconsin v. Callaway

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...

Environmental Defense Fund v. Peterson

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...

Belle Terre, Village of v. Boraas

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 ...

Atlanta Gas Light Co. v. Federal Power Comm'n

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...

Environmental Defense Fund v. Corps of Eng'rs

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 ...

Green v. Castle Concrete Co.

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...

Gulf Oil Corp. v. Simon

The Administrator of the Federal Energy Office was not required to prepare a NEPA impact statement in conjunction with the issuance of regulations establishing mandatory crude oil allocation among refiners. Under the Emergency Petroleum Allocation Act of 1973, the Administrator was obligated to prom...