A renewal project in downtown Washington, which would replace five squares of predominantly three- and four-story buildings containing small shops and businesses with multi-story office complexes and which would increase pedestrian and vehicular traffic and change transportation patterns, is a major...
Plaintiffs sought to enjoin the operation of defendants' swine finishing barn on the grounds that the odors emanting from the barn constituted a private nuisance and that they violated the Michigan Environmental Protection Act of 1970. On balance, the swine raising operation is carried on in a moder...
Where the United States Attorney asserts that a highway project is entirely a "state project," the plaintiffs must show the eventuality of federal participation in order to bring the project within the ambit of a "major federal action" referred to in NEPA. Complete implementation of the nation's env...
Even though the city of Charlotte will be paying all of the $600,000 cost for the widening of Sharon Lane, the resulting destruction of ancient oak trees is a major federal action requiring a formal impact statement because the project is a part of the federally assisted Sixth Circumferential Route....
The lower court's denial of a preliminary injunction in a suit brought to halt a Corps of Engineers' dam project for noncompliance with NEPA is affirmed. The district judge did not abuse his discretion.
Counsel for PlaintiffsNorman B. SmithThomas SchoenbaumRoger W. SmithP.O. Box 1842Greensboro, NC ...
Where design approval of two segments of Route 7 in Vermont was not obtained until after January 1, 1970, the effective date of NEPA, and where those segments are of potential environmental significance, §102(2)(C) of NEPA requires that an environmental impact statement be filed for them. The balan...
An 80-acre tract of land situated along both sides of the Cahaba River is not dedicated to the public use as a park by a common-law dedication in Alabama law absent a clear intention on the part of the owner to that effect. The court is bound to apply the law regardless of favorable environmental ef...
On appeal from the Northern District of Illinois, held that the National Environmental Policy Act does not create substantive rights, and does not apply to a tollway extension undertaken without the participation of any federal agency and without any federal funds. The dismissal for failure to state...
The determination by the Department of Housing and Urban Development that no environmental impact statement was required under the National Environment Policy Act of 1969 prior to the Department's approval of assistance for construction of a 66-unit apartment project was not arbitrary and capricious...
After in camera inspection, the district court orders Interior, pursuant to the Freedom of Information Act (FOIA), to produce certain portions of the $6.8 million National Outdoor Recreation Plan which had been scheduled for release in 1968. Interior argues (i) that FOIA exemption (5) for "inter-age...