The court upholds a Forest Service threshold determination that no environmental impact statement was required for two proposed timber sales that will result in the clearcutting of 670 acres in a nominally roadless area inhabited by an elk herd. The agency's finding that the sales do not represent a...

The court reverses a district court ruling and enjoins performance of two timber sale contracts until the Forest Service files an environmental impact statement. The lower court erred in applying the Administrative Procedure Act standard of review to the agency's threshold determination that the sal...

In separate opinions Judges Bazelon and Leventhal deny a motion by environmental plaintiffs for summary reversal of an AEC order allowing nine nuclear electricity-generating plants to continue operating at present authorized power levels, pending further study of the newly discovered phenomenon of f...

Construction of a proposed freeway segment is enjoined because the final environmental impact statement prepared by the Department of Transportation did not sufficiently evaluate the economic costs and environmental effects of the project and its alternatives. In addition, the EIS failed to consider...

Under the language of §307 of the Clean Air Act, a federal district court lacks jurisdiction to hear claims that EPA, in promulgating an implementation plan pursuant to §110 (c) of the Act, denied plaintiff power company due process, inversely condemned its property, and failed to comply with NEPA...

Clearcutting of federally owned forest lands violates the Organic Act of 1897. The Act's requirement that only dead, mature, or large trees are to be cut cannot be evaded by a determination that trees in a given area are collectively mature. Maturity refers to physiological development, not to the S...

Plaintiffs' assertion that vehicular traffic to and from a planned stadium complex would cause violation of federal air quality standards is too speculative to warrant an injunction against construction of the stadium. The conclusion of the state Department of Environmental Protection that the compl...

Using the abuse of discretion provision, §706(2)(A), of the Administrative Procedure Act as the standard for review, the court upholds a trial court ruling that the final EIS for the New Melones Dam project adequately fulfills the requirements of NEPA. The court then examines the contents and impli...

The Environmental Protection Agency Administrator's order that cancelled, effective December 31, 1972, almost all registrations for the use of DDT and that was not accompanied by an Environmental Protection Agency impact statement is upheld in all respects by the U.S. Court of Appeals for the D...

NEPA does not require that the Economic Development Administration void its initial funding grant for the Elk Mountain Road project and reconsider the application in competition with other current projects seeking funds, even though the grant was issued before an environmental impact statement was p...