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Natural Resources Defense Council v. Costle

Rubber and chemical companies may intervene as of right in district court proceedings involving implementation of a settlement agreement requiring promulgation of industry-by-industry based effluent guidelines for the discharge of toxic substances. The lower court abused its discretion in holding th...

Greene County Planning Bd. v. Federal Power Comm'n

Reversing a panel decision, 7 ELR 20101, the Second Circuit Court of Appeals, sitting en banc, denies a petition for review of a Federal Power Commission (FPC) order denying an award of attorney fees to intervenors in a proceeding concerning the construction of an electrical transmission line. The c...

Puyallup Tribe, Inc. v. Washington Dep't of Game

In its third decision on the fishing rights of Washington's Puyallup Tribe, the Supreme Court holds that the tribe's right to the steelhead anadromous fish within the reservation is not exclusive and is subject to state regulation for conservation purposes. While continuing to affirm the sovereignty...

State Water Control Bd. v. Train

Publicly owned sewage treatment plants that have not yet received federal funding under Title II of the Federal Water Pollution Control Act are still bound to comply with §301(b)(1)(B)'s requirement of secondary treatment by July 1, 1977. Both the text of §301(b) and its legislative history indica...

Environmental Defense Fund v. Adams

The court grants plaintiffs' motiion for summary judgment requiring the Secretary of Transportation to prepare a National Environmental Policy Act environmental impact statement to accompany his revision of the National Airport System Plan. The plan is to give 10-year projections on airport services...

Manygoats v. Kleppe

In an action brought by members of the Navajo Tribe to enjoin an agreement for uranium mining on the reservation because of the inadequacy of the environmental impact statement (EIS) prepared by the Bureau of Indian Affairs for the activity, the court affirms the district court's denial of a prelimi...

Penn Cent. Transp. Co. v. New York City

Affirming a lower court decision, 6 ELR 20251, the New York Court of Appeals upholds the landmark preservation status of New York City's Grand Central Terminal and declares that the scheme that would transfer development rights over the terminal to nearby properties is not a taking of private proper...

Inyo, County of v. Los Angeles, City of

The court holds that Los Angeles failed to comply with a previous writ requiring submission of an adequate environmental impact report (EIR) discussing the proposed increase in the interim groundwater pumping rate from the Owens River Valley aquifer. The provisions of the California Environmental Qu...

Motor Vessel Theresa Ann v. Richardson

The court temporarily enjoins enforcement of the Marine Mammal Protection Act with respect to the American tuna fleet because a 1977 permit allowing the incidental taking of porpoises while fishing for tuna has not been issued. The court also denies plaintiffs' motion for summary judgment to declare...

Lemp v. Town Bd. of Islip

The court declares that a town ordinance limiting construction on Fire Island ocean-front property in order to protect fragile beach ecology represents an invalid exercise of the police power under the due process clauses of the state and federal constitutions. Petitioner's acquisition of the proper...