The court reverses the dismissal of an action to compel the city of Seattle to prepare an environmental impact statement (EIS) before implementing a bus lane construction program, ruling that the program is not as a matter of law categorically excluded from the State Environmental Policy Act's (SEPA...

The D.C. Circuit Court of Appeals upholds the bulk of the Occupational Safety and Health Administration's (OSHA's) workplace safety rule limiting employee exposure to airborne lead in concentrations greater than 50 micrograms per cubic meter (ug/m3). In response to what it viewed as mounting evidenc...

The court holds that the Coast Guard's final environmental impact statement (EIS) adequately discussed the environmental consequences of the construction of the Greater New Orleans Bridge No. 2; thus, the issuance of the construction permit was proper. The court first rules that the bridge permit ne...

The court holds that an action to enjoin the Environmental Protection Agency's (EPA's) publication of proposed new source performance standards for producers of organic solvent degreasers under §111 of the Clean Air Act may be filed only in the District of Columbia Circuit Court of Appeals. The pla...

The court rejects a challenge to the Environmental Protection Agency's (EPA's) designation of parts of Pickaway County, Ohio, as a nonattainment area under §107(d) of the Clean Air Act and reverses the designation of parts of Coshocton County as nonattainment. The latter designation was based on an...

The court of appeals affirms the district court's dismissal of this challenge to the Food and Drug Administration's termination of provisional approval of color additive Red No. 2. Originally approved in 1910, Red No. 2 received provisional approval under the Color additive Amendments of 1960, which...

The court dismisses for lack of subject matter jurisdiction a suit seeking injunctive and declaratory relief against a highway bridge construction project for failure to comply with the requirements of NEPA. Plaintiffs contend that the project became a "major federal action" for the purposes of NEPA...

The parties agree to a settlement extending Corps of Engineers jurisdiction under the Refuse Act to the ordinary high watermark of navigable rivers, guaranteeing specificity in NPDES permits issued in Missouri, and retaining the private defendants' riverfront land in an essentially natural condition...

The Fourth Circuit Court of Appeals, sitting en banc, holds five to three that the federal common law of nuisance does not authorize a suit by private citizens to enjoin intrastate stream pollution. The doctrine of Illinois v. City of Milwaukee, 2 ELR 20201, does not extend beyond the abatement of p...

The court remands the environmental impact statement for the proposed Trident submarine base in Bangor, Washington, to the Navy for a more extended discussion of alternative sites and of environmental impacts beyond 1981. The court rejects the argument that Navy actions relating to strategic militar...