NEPA requires that the EIS for a proposed federally funded highway be prepared by the FHwA, as the responsible federal agency and not by the state highway department. In this challenge to the Bennington to Manchester, Vermont, segment of Route 7, the court states that the EIS should cover the whole ...

The Freedom of Information Act does not protect from discovery sections of internal deliberative memoranda of the Atomic Energy Commission's Advisory Committee on Reactor Safeguards (ACRS) that contain purely factual material and are severable from their non-discoverable context. An affidavit from t...

The district court refuses to enjoin further action on several sections of I-10 in various stages of development and grants summary judgment to defendants. In disposition of plaintiffs' challenges, the court holds that:
(1) where disclosure of environmental factors in the finally approved impact st...

The requirements of NEPA no longer apply to a proposed state medical center for prisoners since the state has renounced any intention to use federal funds for construction of the project. Although the federal funds originally designated for the center were actually used for other state programs rath...

The court affirms a lower court ruling that the Corps of Engineers can proceed with the construction of a dam authorized under the Flood Control Act of 1946 without meeting the NEPA costbenefit ratio, since the project meets the cost-benefit criteria specified for the Flood Control Act by Congress. ...

A preliminary injunction is issued against roadbuilding and logging by a private company on the Pocket parcel of the Nye Timber Sale, since the U.S. Forest Service's decision not to file an environmental impact statement for the sale may have been erroneous. The proposed lumbering activity may prese...

Plaintiffs, a California congressman and the city of Los Angeles, lack standing to challenge the EPA Administrator's refusal to allot all sums authorized to be appropriated under the Federal Water Pollution Control Act Amendments of 1972, as they have failed to show any actual injury to their intere...

The court vacates emergency temporary standards issued by the Occupational Safety and Health Administration (OSHA) for plant procedures regarding two alleged carcinogens because the statement of reasons accompanying OSHA's order did not adequately set forth either the agency's basis for finding the ...

The court refuses to enjoin the filling of 200 acres of marshland bordering San Francisco Bay with refuse from San Francisco, although no EIS was filed with the 1973 Corps of Engineers permit authorizing the fill program. The filling operation is part of an ongoing project, begun in 1966, to create ...

A conditional building permit issued in 1969 by Seattle for the construction of a shoreside condominium is ruled invalid, and renewals of the permit in 1970 and 1971 combined with changes in its conditional status did not remedy the permit's nullity. Assuming the third renewal on Oct. 19, 1973, was ...