The court accepts as adequate an environmental impact statement prepared primarily by state officials who had both selected the highway bypass route in question and excluded from the statement discussion of an alternative route proposed after the final public hearing on the proposed highway location...

The Ninth Circuit Court of Appeals affirms but modifies a lower court order requiring the defendant to remove 1,760 lineal feet of riprap fill placed on a migratory sand spit at the mouth of a navigable river without a permit from the Corps of Engineers. The defendant clearly violated the Rivers and...

The court affirms dismissal of a suit seeking to compel the EPA Administrator to promulgate indirect source and significant deterioration regulations under the Clean Air Amendments of 1970, and to enjoin further construction of a state highway expansion project and an adjacent shopping center in the...

The Second Circuit Court of Appeals affirms a lower court decision granting a preliminary injunction halting construction of a section of interstate highway on the grounds that the NEPA impact statement filed for the project was inadequate. Because federal funds provide 90 percent of the cost of the...

The full D.C. Circuit Court of Appeals vacates a three-judge panel's earlier decision holding invalid EPA's regulations requiring the phased reduction of the lead content of gasoline, and grants respondent EPA's petition for rehearing en banc. For the earlier ruling, here vacated, see 5 ELR 20096.
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The Court of Appeals summarily affirms a district court judgment upholding Interior Department regulations which sharply restrict use of the beach in the Back Bay National Wildlife Refuge by motor vehicles. The government's environmental impact statement need not have dealt with the impact of substi...

The Supreme Court of Idaho affirms a lower court judgment allowing the state Department of Parks, pursuant to the specific mandate of a state statute, to "appropriate" for recreational and scenic purposes, without actual diversion, waters of Malad Canyon Springs that have not yet been appropriated b...

The EPA Administrator acted within the scope of his authority under the Clean Air Act in disapproving a portion of Kentucky's implementation plan which would have allowed coalburning plants to employ intermittent emission limitation systems for the control of sulfur dioxide without showing that cons...

The state of Washington cannot apply its existing fishing regulations to Indian tribes left free by 19th-century treaties to fish off their reservations at their traditional fishing places without violating their federal rights. The state can regulate off-reservation fishing by treaty Indians only t...

The federal district court correctly dismissed for lack of jurisdiction a power company suit seeking declaratory relief against a Pennsylvania Department of Environmental Resources (DER) order that the company install stack gas scrubbers to meet the state's implementation plan's sulfur oxide standar...