Affirming the district court, the Ninth Circuit Court of Appeals rules that the holder of a federal lease and oil drilling permits in a national forest need not obtain a permit pursuant to a county's zoning ordinances in order to exercise its leaseholder rights. Relying on Kleppe v. New Mexico, 6 EL...
The Fifth Circuit Court of Appeals upholds the Nuclear Regulatory Commission's (NRC's) schedule of fees for the recovery from license applicants of the costs of processing license applications and conducting safety inspections and environmental reviews. The case law interpreting Title V of the Indep...
The Ninth Circuit Court of Appeals vacates a district court's order that enjoined the Bureau of Land Management (BLM) from proceeding with preparation of a final environmental impact statement (EIS) on the federal grazing program until plaintiffs had 90 days in whith to comment on BLM's draft EIS. R...
Reversing a district court's judgment and affirming a determination by the Environmental Protection Agency (EPA), the Ninth Circuit Court of Appeals holds that Units 3 and 4 of the Colstrip power plant in Montana are subject to the prevention of significant deterioration (PSD) review and permitting ...
The Seventh Circuit Court of Appeals reverses the district court's dismissal, for lack of subject matter jurisdiction, of a suit by three municipal utilities for damages from pollution caused by appellees' discharge of toxic substances into the Ohio River. In determining whether appellants properly ...
The court denies plaintiffs' motion for a preliminary injunction barring the proposed transfer of the Rhode Island Naval Auxiliary Landing Field from the General Services Administration to several other federal agencies. After preparing an environmental impact statement (EIS) addressing possible alt...
The court dismisses an action by homeowners seeking an injunction ordering the removal from adjoining lands of waste rock produced by a federally funded highway project. Plaintiffs alleged that defendants failed to comply with the provisions of the project's environmental impact statement (EIS) by d...
The court denies plaintiffs' motion for a preliminary injunction barring the proposed transfer of the Rhode Island Naval Auxiliary Landing Field from the General Services Administration to several other federal agencies. After preparing an environmental impact statement (EIS) addressing possible alt...
The court denies plaintiffs' motions for a temporary restraining order and a preliminary injunction in a suit challenging federal approvals of uranium mining and milling activities in the San Juan Basin of New Mexico for alleged violations of the National Environmental Policy Act (NEPA). The court h...
The Eighth Circuit Court of Appeals affirms a lower court's refusal, 9 ELR 20478, to enjoin construction of a state prison in Omaha, Nebraska, after finding that the requirements of the National Environmental Policy Act have not been violated. Part of the prison site was cleared pursuant to a federa...