Although setting aside on other grounds the Interstate Commerce Commission's granting of a certificate for reinstitution of a railroad freight service, the court upholds the Commission's threshold finding that its action would have no significant environmental impact and thus no environmental impact...
The court rules that the district court properly upheld, 10 ELR 20763, the adequacy of an environmental impact statement (EIS) prepared for the construction of U.S. Route 7, in Connecticut. The court's role under the National Environmental Policy Act (NEPA) is to insure that the Federal Highway Admi...
The Second Circuit Court of Appeals holds that the Environmental Protection Agency (EPA) properly approved a review of New York's state implementation plan (SIP) under the Clean Air Act and rejects challenges by the States of Connecticut and New Jersey regarding the interstate impacts of the revisio...
The district court rules that motions to intervene filed by Pennsylvania state legislators 16 to 18 months after the parties signed a consent decree establishing an auto emissions inspection and maintenance (I/M) program are untimely and therefore must be denied. The Delaware Valley Citizens' Counci...
Affirming the district court, the Sixth Circuit Court of Appeals rules that the Army Corps of Engineers' decision not to prepare an environmental impact statement (EIS) prior to granting a permit for construction of a coal loading facility near Onton, Kentucky, was reasonable. In addition, the Corps...
The court rules the Administrator of the Environmental Protection Agency (EPA) was not arbitrary and capricious in accepting the Secretary of the Interior's determination that the Breton Wilderness exceeded 5,000 acres on August 7, 1977, and thus concluding that the area is a mandatory Class I area ...
The court holds that the city of Denver may not deviate from a right-of-way granted in 1924 in constructing a water supply project over national forest lands unless it applies for an amended permit and complies with environmental and land use regulations. The 1924 grant allowed water diverted from t...
The court holds that the Veterans Administration (VA) was not required to consider an alternative not authorized by Congress in its environmental impact statement (EIS) for a hospital construction project. The requirement of §102(2)(C)(iii) of the National Environmental Policy Act that EISs include...
The court upholds an environmental impact statement (EIS) prepared for a proposed residential development in Snohomish County, Washington, pursuant to Washington State Environmental Policy Act requirements and rules that "piecemeal" EIS preparation is appropriate for the project. Despite the failure...
The appellate court upholds the New York Department of Environmental Conservation's denial of petitioners' application to lift the current prohibition on the use of endrin and allow restricted use of the pesticide. The court rules that respondents did not act arbitrarily or irrationally. The record ...