The United States Forest Service abused its administrative discretion in declaring that the "Lakes Area" of Coconino National Forest is not a "proclaimed recreation area" within the meaning of Section 4(f) of the Department of Transportation Act of 1968 (49 U.S.C.A. §1653(f)). Although the determin...

A court has the authority and the duty to consider the adequacy of an environmental impact report prepared in accordance with the California Environmental Quality Act and may enjoin a project until the report covering it is deemed adequate by the court. The strong statement of public policy in the A...

28 U.S.C. §1391 (e) states that an action "may be brought in any judicial district in which: (1) a defendant in the action resides . . . ." The provision does not require that venue lie in the district in which the defendant who might be most intimately concerned with the subject of the l...

A diversity case may not proceed as a class action when the named plaintiffs meet the jurisdictional amount but the unnamed representatives of the class do not. This defect may not be cured by the named plaintiffs allocating part of their share of punitive damages to the class members. Each member m...

Congress did not create a mandatory right to injunction for a NEPA violation. Even though the Army Corps of Engineers has not yet prepared a draft or final environmental impact statement for the Truman Dam and Reservoir Project on the Osage River in Missouri, plaintiffs' motion for temporary and per...

California's legislation patterned on NEPA (Public Resources Code §§21000 et seq.) requires that a municipal body submit an environmental impact statement before a conditional use or building permit is granted to a private party. The language of §21151, calling on local governmental agencies to "...

The failure of an industry affected by a state implementation plan to object within the time limits and according to the procedures established by §307 of the Clean Air Act, 42 U.S.C. §1857h-5, forcloses preenforcement judicial review of a compliance order issued under the plan. The industry's arg...

Approval of an application for a branch bank in Woodstock Village, Vermont by the Comptroller of the Currency is found to be invalid on three grounds. One ground is failure to comply with the National Environmental Policy Act, in that the bank would generate additional traffic and thus significantly...

For the earlier opinion of the Court of Appeals for the Second Circuit (dated May 17, 1972) sub nom. Hanly v. Mitchell, see 2 ELR 20216. On a second appeal, the court reverses the district court's denial of motions for jury trial and for a preliminary injunction against the construction of the Metro...

The Court of Appeals for the Sixth Circuit upholds the validity of a preliminary injunction against further construction on the partially complete Tellico Dam Project, grounding its decision upon defendants' failure to file an environmental impact statement in compliance with the requirements of §1...