The Corps of Engineers did not abuse its discretion in denying a developer's application for a permit to fill submerged land for apartment building construction, and a lower court decision requiring the Corps to issue the permit is reversed. The district court erred in ruling that the proper standar...

The court upholds a grant of summary judgment for defendants and affirms the lower court's ruling that the EIS for a proposed highway segment adequately fulfills the requirements of NEPA even though it was prepared by the state high way department. The state agency consulted with federal agencies wh...

A lower court did not abuse its discretion by refusing to issue a preliminary injunction requiring strict NEPA compliance from an ongoing highway construction project. See 3 ELR 20303, for the district court's ruling that NEPA is applicable to the project but that an EIS is not required for certain ...

The Federal Power Commission has authority under the Federal Power Act to license the utilization of surplus water from federal impoundments by the six completed or proposed thermal electric power plants in the Four Corners area of the southwestern United States. The FPC does not have the power to l...

The court denies defendants' application for an interlocutory appeal from a lower court's ruling that in a challenge to the adequacy of a NEPA impact statement, the reviewing court is not limited to the administrative record, but may take additional evidence. The controlling authority on this point ...

The Third Circuit Court of Appeals lacks jurisdiction to review an AEC order denying a request for attorney fees and expert witness expenses by environmentalist intervenors in a license proceeding. The order is a collateral ruling in the course of the license proceeding and does not become final for...

Under federal common law, title to land first submerged by erosion and then re-exposed by stream channelization of the Colorado River vests in the plaintiffs as riparian land owners rather than in Arizona as owner of the riverbed. An analysis of the interests of the parties in the land compels the c...

The EPA Administrator's impoundment of 55 percent of the funds allocated by Congress under §205 of the FWPCA Amendments of 1972 does not constitute on its face an abuse of discretion. The Administrator's obligational discretion under the statute is subject to judicial review since impoundment prese...

The citizens suit provision (§1857h-2) of the Clean Air Act does not authorize the payment of compensatory damages to an environmental group for injuries to its members from sulfur dioxide emissions in excess of allowable concentrations prior to EPA approval of a one-year variance in a state implem...

The Fifth Circuit Court of Appeals holds several manufacturers of insulation materials containing asbestos strictly liable in tort for damages for asbestosis and mesothelioma contracted over a 33-year period by an industrial worker. The manufacturers failed not only to test their products of adverse...