In a further development of the Scenic Hudson controversy, New York's highest court rules that the state commissioner of environmental conservation had a reasonable basis for determining that construction and operation of the Storm King Mountain pump storage facility will not violate water quality s...

The Pennsylvania Clean Streams Law requires in operator of an active mine to treat any acid drainage discharge, including the drainage of adjacent inactive mines necessary to protect the active works. Citing extensively from the history and language of the statute, the court upholds the state Sanita...

An order by the Administrator of the Environmental Protection Agency cancelling Dow Chemical's registration of 2, 4, 5-T pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), because of possible causation of birth defects is not a final order reviewable by the court. The o...

The construction of an observation tower on private property adjacent to Gettysburg National Military Park would not clearly injure the aesthetic or historical values of the Gettysburg environment. The court holds that a provision of the Pennsylvania Constitution which guarantees the preservation of...

In an action brought to compel the Department of Housing and Urban Development to comply with the National Environmental Policy Act in the administration of its federally insured home mortgage program, the court refuses to grant a preliminary injunction to prevent removal of occupants from propertie...

A preliminary injunction compelling the Philadelphia area director of the Department of Housing and Urban Development to comply with the Philadelphia health regulations concerning removal of lead-based paints in HUD housing is upheld. The owners of houses purchased from HUD in which lead paint has n...

State and local governments are pre-empted from establishing noise emission standards for aircraft. The Supreme Court holds that the Federal Aviation Act of 1958, as amended by the Noise Control Act of 1972, vests authority to control aircraft noise in FAA and EPA. Local ordinances restricting jet a...

Federal courts lack jurisdiction to review orders of the Environmental Protection Agency disapproving state implementation plans under the Clean Air Act. Such jurisdiction exists only after the Agency has approved a state plan, or promulgated a plan of its own. Publication of a notice of proposed ru...

The Secretary of Transportation may not reject a proposal to route a highway through a public park without designating feasible and prudent alternatives to the plan. Although the Federal-Aid Highway Act of 1968 states only that the Secretary must show the absence of feasible and prudent alternatives...

The refusal of the San Francisco Bay Conservation and Development Commission to permit a developer to deposit fill on shorelands does not constitute a taking for public use and compensation is not required. The court finds that a legislative program for preserving the existing character of the bay u...