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Wildlife Alive v. Chickering

Reversing a lower court, the California Supreme Court holds that the state Fish and Game Commission is not exempt from the California Environmental Quality Act of 1970 (CEQA), and in particular its environmental impact report (EIR) responsibilities. The suit had its origins in the failure of the Com...

Hayes v. Yount

Remanding a lower court's decision, the Washington Supreme Court upholds the Shorelines Hearing Board's vacating a permit issued by Snohomish County that would have allowed filling 93 acres of wetlands in the Snohomish River estuary. Plaintiff's land, designated as part of "shorelines of state-wide ...

Civic Improvement Comm. v. Volpe

The court requires defendants to supplement their environmental impact statement for a proposed highway with new noise studies. The earlier impact statement mistakenly assumed that the Charlotte City Code prohibited diesel trucks from using the highway, and thus did not fulfill the requirements of N...

Westside Property Owners v. Schlesinger

The court upholds the adequacy of the NEPA environmental impact statement on stationing the F-15 jet fighter plane at Luke Air Force Base. The base has been in operation since 1941 and has had jet planes for 25 years. After review of a draft and a public hearing, the final impact statement on statio...

Fred F. French Investing Co. v. New York, City of

The New York Court of Appeals affirms a lower court's decision declaring a New York City Zoning Resolution that rezoned two private parks in the Tudor City complex as public parks to be an unconstitutional taking of private property without due process. Tudor City is a four-acre parcel in mid-Manhat...

Environmental Defense Fund v. EPA

The U.S. Court of Appeals for the D.C. Circuit affirms the EPA Administrator's order suspending the registrations of heptachlor and chlordane for certain uses under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and prohibiting further production of the two pesticides for those uses...

Bethlehem Steel Corp. v. Train

The Environmental Protection Agency (EPA) is without authority to grant an extension in the petitioner's national pollutant discharge elimination system (NPDES) permit beyond the July 1, 1977, compliance deadline set in §301 of the Federal Water Pollution Control Act (FWPCA) Amendments of 1972. An ...

Hampton, Town of v. Special Bd.

The New Hampshire Supreme Court affirms, as neither unlawful, unreasonable, nor unjust, the denial of a permit to fill a three-quarter-acre marsh area which would have destroyed the marsh's biological productivity. Plaintiff intended to use the filled area to gain access for repairing a sewer line w...

In re International Paper Co., Androscoggin Mill Extension

The Maine Site Location of Development Law, ELR 43027, does not require the Board of Environmental Protection to find separately that a proposed industrial development will not substantially degrade existing air quality before issuing a site permit. Following the Paper Company's proposal for major e...

Boston v. Coleman

In a suit to enjoin the Federal Aviation Administration (FAA) from approving the 1974 Logan Airport Layout Plan, the First Circuit remands the matter for a determination of mootness.
Counsel for PlaintiffsPeter Koff, Asst. Corporation CounselCity of Boston Law DepartmentOne City Hall SquareBoston M...