Decision below, 1 ELR 20286 (W.D. Wash. 1971), denying the applicability of NEPA to an ongoing interstate highway undertaking reversed on the basis of Lathan v. Volpe, 1 ELR 20602 (9th Cir. Nov. 15, 1971). Whether a planned highway location will "use" parklands within the meaning of the parklands st...
Motion for interlocutory injunction against continued construction of a nuclear power plant pending full NEPA review of the licensing decision pursuant to Calvert Cliffs Coordinating Committee v. The Atomic Energy Commission, 1 ELR 20346 (D.C. Cir. July 23, 1971), is denied as premature. AEC regulat...
The Director of the West Virginia Department of Natural Resources is ordered to promulgate regulations to implement a 1971 amendment to the state's strip mining statute. The request that the Director be ordered to rescind all surface mining permits issued since the enactment of the statute is denied...
A preliminary injunction based on insufficient compliance with NEPA will not be issued to halt work on the New Hope Dam since the environmental impact statement filed by the Corps of Engineers is sufficiently complete. The statement includes actual depositions of experts opposing the project. Its di...
Private citizens may not enforce the Refuse Act by means of a qui tam action, even though the Department of Justice fails or refuses to proceed against a violator.
Counsel for PlaintiffsDavid B. Beizer30 Sachem StreetNorth Haven, CT 06511
Counsel for DefendantCharles J. Negaro49 Leavenworth Street...
No injunction will issue at the suit of a detergent-maker to restrain the enforcement of a local law prohibiting the sale of detergents based on phosphorous compounds after a certain date. All suppliers of such detergents were given nine months to begin compliance with the law, and no other maker ha...
Building an outer taxiway for Logan Airport in Boston, a local project, does not require the filing of an environmental impact statement by the Secretary of Transportation pursuant to the National Environmental Policy Act, since federal involvement is so limited. Under the Airport and Airway Develop...
Motion for preliminary injunction of the Price Commission's approval of a New York City bus and subway fare increase for noncompliance with NEPA is dismissed because it is unlikely that Congress intended NEPA's requirements to apply to the Price Commission, a temporary agency established by Congress...
The provision of federal highway law which authorizes the Secretary of Transportation to approve only those highway projects which are consistent with the safety of the public, 23 U.S.C. §109(a), does not require the Secretary to consider the noise- and air-pollution impact of the proposed highway....
An economic poison is not "misbranded" so as to require the cancellation of its registration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), although its use in compliance with the directions on its label will cause certain food to become "adulterated" within the meaning of th...