For the earlier opinion of the Court of Appeals for the Second Circuit, see 2 ELR 20216. On remand, a motion for a preliminary injunction against construction of the Metropolitan Correction Center (MCC), a jail, is denied. The court holds that the plaintiffs are unlikely to succeed on the merits of ...

The Supreme Court reverses a judgment of the United States Court of Appeals for the District of Columbia Circuit, in a suit brought under the Freedom of Information Act of 1966, to compel disclosure of nine documents concerning underground nuclear tests. The Court concludes that (1) exemption one do...

Pursuant to motions by the Atomic Energy Commission (AEC) and Commonwealth Edison Co. (Com. Ed.), the court dismisses a suit by farmers to enjoin the acquisition of land for a nuclear plant by Com. Ed., and to compel the adoption of construction licensing procedures by officials of the AEC which req...

The Seventh Circuit Court of Appeals rejects a challenge to an EPA-established interim compliance schedule for controlling particulate air pollution from coke ovens in Illinois by December 31, 1974, the date set in the state implementation plan. The increment of progress dates within the schedule ar...

The court finds that it is without jurisdiction to consider a claim that EPA acted illegally in rejecting plaintiff's plan for compliance with national sulphur oxides standards by the use of a tall stack instead of sulphur emissions control devices. The challenged action is EPA's approval of a porti...

The court holds that the Clean Air Act Amendments of 1970 waived sovereign immunity as to civil suits but not as to criminal prosecutions, and dismisses a criminal action against four employees of a federal railroad for violating a clean air ordinance by burning a number of telephone poles. The cour...

The court grants summary judgment against the defendant, who excavated two canals on private property adjacent to the Pamlico River without first obtaining a permit from the Army Corps of Engineers, holding that such action constitutes a violation of §403 of the Rivers and Harbors Act. The court ru...

The court issues an injunction prohibiting the U.S. Navy from awarding contracts for the construction of a 600-unit housing project at Fort Story on the Virginia seashore until a NEPA impact statement has been filed. The project is a major federal action that will significantly affect the human envi...

The Tenth Circuit Court of Appeals affirms a lower court's ruling that NEPA does not specifically require voiding ab initio a grant offer of $4 million for construction of a road through the Santa Fe Forest even though the offer was made prior to filing an environmental impact statement. No funds ha...

The Tenth Circuit Court of Appeals finds that the question of whether the ongoing operation of the Glen Canyon Dam requires preparation of an environmental impact statement under NEPA is not ripe for judicial determination. There has as yet been no administrative determination by the Department of I...