The Secretary of Transportation may not reject a proposal to route a highway through a public park without designating feasible and prudent alternatives to the plan. Although the Federal-Aid Highway Act of 1968 states only that the Secretary must show the absence of feasible and prudent alternatives...

The refusal of the San Francisco Bay Conservation and Development Commission to permit a developer to deposit fill on shorelands does not constitute a taking for public use and compensation is not required. The court finds that a legislative program for preserving the existing character of the bay u...

So that petitioning power companies will not be subject to sanctions under federally approved state Clean Air Act implementation plans before they have had an opportunity either to exhaust their state remedies or to be heard at the federal level, the court instructs EPA either to refrain from imposi...

Projects authorized under the Flood Control Act of 1946 must meet the cost-benefit criteria specified for that Act by Congress, but need not meet the more stringent demands of NEPA. The "NEPA cost-benefit ratio" is to be used only to enable the court and other decisionmakers to determine whether all...

The court upholds the authority of the Maryland Department of Water Resources to regulate the floodplain of free flowing waters on the basis of a 50-year flood frequency. The court sets the boundaries of the Indian Creek floodplain as those which occured during hurricane Agnes. The Department's regu...

The Administrator of EPA is not required to allot all funds authorized to be appropriated under the Federal Water Pollution Control Act Amendments of 1972, but the allotment of only 45 percent of the amounts authorized represents an illegal abuse of discretion. EPA's policy of impounding funds is he...

Judicial review of the merits of a decision by the Administrator of the Environmental Protection Agency to approve Delaware's air pollution implementation plan under the Clean Air Act is limited to an examination of whether the relevant factors were considered and whether there was a clear error in ...

The Administrator of the Environmental Protection Agency must accept evidence from interested parties before approving air pollution abatement plans under the Clean Air Act. The Administrator is not required to hold a full-scale evidentiary hearing and the record need not include transcripts of the ...

The court refuses to enjoin demolition of a memorial swimming pool in connection with the Waikiki Beach Erosion Control project of the Corps of Engineers. Refusing pendent jurisdiction over state claims, the court finds that NEPA is satisfied where careful consideration was given to preservation of ...

A county ordinance requiring that all detergents sold within the county carry labels showing their ingredients is ruled invalid. The 1966 Amendments to the Federal Hazardous Substances Act indicate Congress' intent to preempt the field of precautionary labeling requirements.
Counsel for PlaintiffRo...