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Kleppe v. Sierra Club

The Supreme Court reverses the Court of Appeals for the D.C. Circuit, 514 F.2d 856, 5 ELR 20463, and holds that NEPA does not require preparation of an environmental impact statement for coal leasing in the Northern Great Plains region absent an agency proposal for regional coal development. There h...

Hancock v. Train

Although §118 of the Clean Air Act obligates federal installations discharging air pollutantsto join with nonfederal facilities in complying with state "requirements respecting control and abatement of air pollution," obtaining a permit from a state with a federally approved implementation plan is ...

EPA v. California ex rel. State Water Resources Control Bd.

While federal installations discharging water pollutants are obliged, under §313 of the Federal Water Pollution Control Act Amendments of 1972, to comply to the same extent as nonfederal facilities with state "requirements respecting control and abatement of pollution," obtaining a permit from a st...

Upper W. Fork River Watershed Ass'n v. Corps of Eng'rs

On cross-motions for summary judgment, the court grants defendants' motion to dismiss this NEPA challenge to construction of the Stonewall Jackson Lake Project, a large dam for flood control, water supply, stream flow regulation and recreation on the Upper West Fork River near Brownsville, West Virg...

Virginians for Dulles v. Volpe

The court of appeals reverses the district court order dismissing this action, 2 ELR 20360, only insofar as it held that the Federal Aviation Administration (FAA) was not required to file a NEPA impact statement on its operation of National Airport and Dulles International Airport. The district cour...

Environmental Defense Fund v. Department of Transp.

In a brief per curiam order, the court of appeals rejects a number of legal challenges, based on NEPA and the Noise Control Act of 1972, to defendant's decision to allow the Concorde supersonic transport to conduct limited commercial flights to and from Dulles and Kennedy International Airports for ...

West Mich. Envtl. Action Council v. Coleman

The court enjoins, as a major action under NEPA, the cutting of live trees pursuant to the defendants' roadside obstacle removal program, except where they present clearly hazardous obstacles, pending defendants' determination whether the program requires an environmental impact statement as an acti...

Dyecraftsmen, Inc. v. EPA

The court affirms the Environmental Protection Agency's (EPA) denial of a hearing in conjunction with the reversal of an NPDES permit issued jointly by EPA and the Massachusetts Water Resources Council under §402 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §1342 and ch...

Humane Soc'y of the United States v. EPA

The court holds that the court of appeals has original jurisdiction in a challenge to the Environmental Protection Agency's (EPA's) award of two experimental use permits for Compound 1080 under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), expiration of the permits does not moot t...

Western Neb. Resources Council v. Wyoming Fuel Co.

In an action challenging Nebraska's underground injection control (UIC) program promulgated under §1421(a)(1) of the Safe Drinking Water Act (SDWA), the court rules that the court of appeals has exclusive jurisdiction. The court first holds that the Administrator of the Environmental Protection Age...