The city of Boston's claim that aircraft noise resulting from defendants' operation of Logan Airport diminishes the value of city-owned educational facilities in violation of the Due Process Clause of the 14th Amendment is not cognizable in federal court under 42 U.S.C. §1983. The city has not alle...

The regulations promulgated by the AEC to comply with the procedural obligations imposed upon federal agencies by the National Environmental Policy Act of 1969 violate the Act's requirements as follows: (1) the AEC's refusal to independently review the nonradiological environmental impact of nuclear...

The United States Court of Appeals for the District of Columbia Circuit grants further injunctive relief against the Zoning Commission of the District of Columbia in a suit challenging the refusal of the Commission to down-zone the Georgetown Waterfront area to prevent commercial development. The co...

The district court has an obligation to review the merits of a substantive agency decision to determine if it was rendered after a full, good-faith consideration of environmental factors made under the standards set forth in §101 and §102 of the National Environmental Policy Act. This case is to b...

The court refuses to grant a preliminary injunction to prevent construction of a combination sewage outfall pipe and fishing pier where the Environmental Protection Agency (EPA) and the California Bureau of Outdoor Recreation (BOR) have not acted arbitrarily or capriciously in determining that the p...

A county zoning ordinance attempting to regulate the flight patterns and restrict the weight of aircraft using a privately-owned airport is declared unconstitutional and its enforcement is permanently enjoined. The Federal Aviation Act of 1958 shows Congress' intent to give the federal government, a...

For opinion of the Court of Appeals, see 2 ELR 20139, for District Court opinion, see 2 ELR 20704. District court now determines that all further activity on the section of I-90 from Asahel Curtis Interchange to Snoqualmie Summit that will increase the environmental damage already done should be enj...

An Atomic Energy Commission order extending the completion dates in construction permits for two nuclear power plants is reversed because the AEC failed to provide notice and an opportunity for a hearing. In addition to the full environmental review required by the National Environmental Policy Act,...

The court upholds the Secretary of Transportation's pre-NEPA approval of a highway right-of-way that reserved to the owner the right to cross the highway with mining equipment 10 times during a 40-year period. The Secretary's determination that the present review and approval of the first actual cro...

Even though federal funds have not yet been received, an injunction is granted against construction of a proposed expressway segment until the project is reviewed at public hearings and an impact statement prepared. The segment is part of the larger expressway where federal funds have been expended,...