The court affirms a trial court's dismissal of a landowner's petition challenging the Adirondack Park Agency's refusal to permit construction of shoreside boathouses on lots within a proposed subdivision. The lower court correctly concluded that there was no triable issue of fact concerning the gene...

The court reverses and remands defendant's approval of a preliminary plat for a proposed housing subdivision because it was not accompanied by an environmental impact statement prepared under the Washington Environmental Policy Act, RCW 43.21C.030(2)(c). Threshold determinations that a project's env...

The court affirms the trial court and dismisses plaintiffs' complaint for an injunction to halt a road widening project that would take land from a common used as a public park and dedicated to the public benefit.
Plaintiffs sought to block the Pennsylvania Department of Transportation's (Penn DOT)...

Eleven months ago, the court enjoined further work on the Darien Gap Highway through Panama and Colombia, the first major highway through a region nearly untouched by modern civilization, pending compliance with NEPA. See 6 ELR 20051. The court here concludes, on plaintiffs' motion to continue the i...

The court affirms a lower court's dismissal of a suit to enjoin the Corps of Engineers from constructing the Hillsdale Dam in Miami County, Kansas. Section 102(b)(3) of the Federal Water Pollution Control Act Amendments of 1972, which requires the EPA Administrator to determine the need for, and val...

The court declares the proposed wild horse roundup near Challis, Idaho, to be illegal and permanently enjoins the roundup until all requirements of NEPA and the Wild Free-Roaming Horses and Burros Act have been followed. The court finds that defendants violated the Wild Horse Act in two respects: fi...

Reversing a lower court, the Idaho Supreme Court upholds the constitutionality of the Idaho Dredge and Placer Mining Protection Act as applied to upatented mining claims on federal land. The state sought to enjoin defendants' dredge mining operation in the St. Joe National Forest, which defendant co...

The court reverses a lower court's dismissal of a criminal indictment charging a wrecking company with violating an asbestos emission standard in the course of demolishing a building. The district court erred in determining that it had jurisdiction to review the validity of the standard in the conte...

The Second Circuit Court of Appeals affirms a lower court's order requiring the EPA Administrator to list lead as an air pollutant under §108(b)(1) of the Clean Air Act. Once a pollutant is listed under that section, the Administrator must establish ambient air quality standards for it and the stat...

The Bonneville Power Administration (BPA) must evaluate the environmental impacts of construction and operation of a privately financed magnesium plant in its NEPA impact statement for an electrical supply contract for the plant and construction of a transmission line to it. The Supreme Court's opin...