Fourteen plaintiffs and intervenors sue under the Marine Mammal Protection Act (MMPA) for a declaratory judgment and injunction against taking of porpoise incidental to tuna fishing. Defendant-intervenor American Tunaboat Association (ATA) is the holder of a general permit issued by defendant Nation...

On the basis of the district court opinion, 398 F. Supp. 685, 6 ELR 20046 (E.D. Ark. 1975), the court of appeals affirms the lower court decision in this challenge to a federally funded cross-town expressway under construction in Little Rock, Arkansas. The district court partially enjoined further c...

The Court of Appeals for the Third Circuit partially vacates and remands for further proceedings a lower court decision, 5 ELR 20207, that enjoined construction of a dam in Pennsylvania pending preparation of an environmental impact statement and compliance with the Watershed Protection and Flood Pr...

Affirming the lower court decision, 5 ELR 20494, the Court holds the doctrine of implied reservation of rights in water applicable to groundwater and finds express support for such a reservation of appurtenant unappropriated water in the Presidential Proclamation that withdrew land to create Devil's...

Although finding that the habitat of the snail darter, a species designated as endangered pursuant to the Endangered Species Act of 1973 (Act), would be destroyed by construction of the Tellico Dam, the court nevertheless refuses to enjoin the project. The Department of the Interior placed the snail...

The Sixth Circuit reverses a lower court's ruling, 6 ELR 20111, and holds that the United States Army need not prepare a NEPA impact statement in connection with the closing of a military base and transfer of its personnel and functions. The proposed closing of the Lexington-Bluegrass Army Depot doe...

The court of appeals affirms the district court's dismissal of this challenge to the Food and Drug Administration's termination of provisional approval of color additive Red No. 2. Originally approved in 1910, Red No. 2 received provisional approval under the Color additive Amendments of 1960, which...

The court dismisses for lack of subject matter jurisdiction a suit seeking injunctive and declaratory relief against a highway bridge construction project for failure to comply with the requirements of NEPA. Plaintiffs contend that the project became a "major federal action" for the purposes of NEPA...

The parties agree to a settlement extending Corps of Engineers jurisdiction under the Refuse Act to the ordinary high watermark of navigable rivers, guaranteeing specificity in NPDES permits issued in Missouri, and retaining the private defendants' riverfront land in an essentially natural condition...

The Fourth Circuit Court of Appeals, sitting en banc, holds five to three that the federal common law of nuisance does not authorize a suit by private citizens to enjoin intrastate stream pollution. The doctrine of Illinois v. City of Milwaukee, 2 ELR 20201, does not extend beyond the abatement of p...