The Connecticut Supreme Court upholds a lower court ruling that denial of an application for a permit for filling five acres of privately owned marshlands designated tidal wetland by the defendant pursuant to the Connecticut Tidal Wetlands Act was a proper exercise of the police power. The denial di...

NEPA does not apply to the construction of a new judicial building and city hall since the only federal participation involved is the distribution of general revenue-sharing funds to finance the project. The Council on Environmental Quality's guidelines for the preparation of environmental impact st...

The state of New Jersey recovers, under the doctrine of parens patriae, a statutory penalty and compensatory damages for a fish kill resulting from continued cooling pump operation during a temporary shutdown of the Oyster Creek nuclear generating plant. The discharge of cold rather than warm water ...

NEPA becomes applicable to an airport development project that seeks federal funding at the point when federal funds are tentatively allocated to the project, rather than at the later point when a formal grant offer is made. This conclusion is supported by the language of NEPA, the CEQ guidelines fo...

The Eighth Circuit Court of Appeals rules that the statutory language and legislative history of the Federal Water Pollution Control Act Amendments of 1972 demonstrate that EPA does not have separate power under §301 of the statute to promulgate by regulation effluent limitations for existing corn ...

In response to various motions to transfer six consolidated petitions for review of the EPA regulations which prohibit significant deterioration of air quality in areas where it exceeds national standards, the court holds that the D.C. Circuit is the "appropriate circuit" to decide these review peti...

The Fourth Circuit Court of Appeals vacates a lower court's denial of a preliminary injunction to restrain construction of a bridge over public parkland and remands for further proceedings. Construction of bridge support piers on park property and the presence of the bridge with increased traffic, p...

The court has jurisdiction under the federal common law of nuisance to consider claims for injunctive and declaratory relief against continued pollution of an interstate river through the discharge of inadequately treated sewage from a municipal treatment plant. The Eleventh Amendment bars suit by t...

The Ninth Circuit holds that Bureau of Indian Affairs (BIA) approval of coal leases of 31,000 acres granted by the Crow Tribe to Westmoreland Resources is a "major federal action" despite the purely fiduciary role of BIA in Indian affairs. Finding that an EIS concerning only the initial 770-acre fiv...

Affirming the district court's dismissal for failure to state a claim upon which relief can be granted, the court holds that NEPA does not apply to a project in which the only federal participation is the distribution of revenue sharing funds to aid local communities in financing the project. For th...