The court rejects plaintiffs' contention that waste water effluent limitations under the Federal Water Pollution Control Act Amendments of 1972 can only be set pursuant to a §402 permit proceeding, and grants defendants' motion to dismiss this industry challenge to EPA's regulations setting limitat...

Plaintiffs, although unsuccessful on the merits of their Clean Air Act suit to block construction of two buildings, are awarded court costs and counsel fees against the District of Columbia government. Plaintiffs were unable to prove that the planned construction would prevent the city from meeting ...

The court dissolves an existing injunction against further construction of an interstate highway through a national forest after finding that defendants have fully complied with the requirements of NEPA and §4(f) of the Department of Transportation Act. Using the "rule of reason" standard of review...

The Fourth Circuit Court of Appeals vacates and remands a lower court's dismissal of an action seeking injunctive relief against further construction of a marina on the grounds that the Corps of Engineers failed to file a NEPA impact statement in connection with its grant of a dredging permit to a r...

The Ninth Circuit Court of Appeals, upon consideration of a stipulation of all parties, dismisses without prejudice three petitions for review of an EPA regulation requiring 70 percent removal of sulfur dioxide from the stack gases of the Navajo power plant in Page, Arizona. The stipulation provides...

The Tenth Circuit Court of Appeals reverses a lower court decision and holds that, under the FWPCA Amendments of 1972, the EPA Administrator is charged with the duty of regulating all discharges of radioactive materials into navigable waters. The congressional intent to this effect is clearly manife...

The Second Circuit Court of Appeals rules that the Federal Highway Administration must prepare its own NEPA impact statements on federally funded highway projects, rather than delegate the task to state agencies. It thereby reaffirms its 1972 decision in Greene County Planning Board v. FPC, despite ...

The Fourth Circuit Court of Appeals affirms a lower court's dismissal of an existing hospital's suit seeking to enjoin construction of a larger hospital nearby on the ground that the proposed hospital would be adversely affected by air traffic from Andrews Air Force base. The court rules that plaint...

The court affirms a decision of the Atomic Safety and Licensing Appeal Board of the Atomic Energy Commission that granted a license for the construction of two nuclear reactors for the generation of electricity near Charlotte, North Carolina. The EIS for the project adequately considers both the pos...

The Soil Conservation Service (SCS) violated NEPA by determining that it need not file an impact statement for the construction of a proposed dam across a tributary of the Brodhead River, a famous trout stream. The court declines to follow the authority of Hanly v. Kliendienst to the effect that an ...