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Chemetron Corp. v. Department of Health, Educ. & Welfare

In the companion case to Hess & Clark v. FDA (4 ELR 20147), the Court of Appeals for the D.C. Circuit vacates the Food and Drug Administration's withdrawal of approval from New Animal Drug Applications for DES feed premixes. Petitioners were illegally deprived of the opportunity for a hearing si...

Canal Auth. of Fla. v. Callaway

The Fifth Circuit Court of Appeals reverses a lower court's ruling that where proponents of the Cross-Florida Barge Canal sought to enjoin federal officials from releasing impounded water in order to protect threatened trees, the burden of persuasion as to whether the injunction should issue was on ...

Bowker v. Morton

The court refuses to dismiss plaintiff small farmers' claims for injunctive relief against further construction or operation of the U.S. Bureau of Reclamation of the jointly funded San Luis Unit of the California State Water Project for failure to comply with the single owner acreage limitations of ...

Canal Auth. of Fla. v. Callaway

The termination of the Cross-Florida Barge Canal, ordered by President Nixon in 1971, is held to violate the separation-of-powers doctrine and NEPA. The Forest Service's environmental impact statement, which recommended the partial draining of an artificial lake that is part of the project, was inva...

Coalition for the Env't v. Volpe

The Eighth Circuit Court of Appeals reverses a lower court's ruling that plaintiffs lack standing to maintain an action seeking to enjoin construction of a proposed "new town" project for lack of compliance with the requirements of NEPA. Plaintiffs' allegations of injury in the form of increased aut...

BPI v. Atomic Energy Comm'n

The court affirms an order of the Atomic Energy Commission denying a petition to intervene in a licensing proceeding before the Commission. Section 189(a) of the Atomic Energy Act of 1954 does not in literal terms state that any person whose interest is affected by an AEC licensing proceeding may in...

Citizens for Balanced Env't & Transp. v. Volpe

The court affirms a lower court's denial of injunctive relief in a suit seeking to halt construction of a highway segment in Connecticut until a NEPA impact statement has been filed. The court finds that this portion of Route 7 does not constitute federal action since only state funds are to be used...

Byram River v. Port Chester, Village of

The court rules that it has subject matter jurisdiction to entertain a suit seeking to halt the discharge by out of state defendants of inadequately treated sewage into a river that forms part of the boundary between Connecticut and New York under the federal common law of nuisance in interstate wat...

Bureau of Mines v. George's Creek Coal & Land Co.

The Court of Appeals of Maryland upholds a state statute terminating the strip-mining of coal on state lands, but remands to the lower court the question of whether the coal companies holding mineral rights are entitled to compensation in this particular case. The court declares that the plaintiff c...