The court holds that several large lumber companies have standing under NEPA to challenge the 1971 small business timber set-aside program, but rules that the program does not constitute major federal action nor significantly affect the quality of the human environment, and therefore does not requir...

The revised environmental impact statement for the construction of an additional three lanes of Interstate Highway I-90 through Snoqualmie Pass 45 miles east of Seattle complies with the requirements of NEPA; it adequately describes viaduct-type alternatives to the planned project design. Certain un...

The Fifth Circuit reverses a lower court's summary judgment for defendants in an action contesting the legality of a NEPA impact statement for a federal highway project. The court of appeals finds that there are genuine issues of fact concerning whether or not plaintiffs were properly notified of a ...

The Ninth Circuit Court of Appeals reverses a district court ruling and holds that a five-year municipal housing and zoning plan which restricts housing development in the form of projects of five or more units to a total of 500 units per year is a valid exercise of the police power. The landowners ...

The court permanently enjoins further spraying of the phenoxy herbicides 2,4,5-T and silvex for vegetation control in the Siuslaw National Forest after determining that the Forest Service's environmental impact statement (EIS) for the spraying program is inadequate. The mere fact that the program in...

The New York Court of Appeals holds that a village's unreasonable delay in improving its sewer system, which prevents a landowner from hooking up to the municipal system, may, on sufficient proof, be an unconstitutional taking of private property without compensation. Appellee planned to construct a...

The court holds that an environmental group that sued to enjoin a proposed outer continental shelf oil and gas lease sale off Georges Bank is entitled to attorney fees under the Outer Continental Shelf Lands Act (OCSLA) and the National Environmental Policy Act (NEPA) even though the district court ...

The court adopts in its entirety the magistrate's report recommending that the three-year statute of limitations and the 60-day notice requirement in §112 of the Comprehensive Environmental Response, Compensation, and Liability Act not apply to plaintiffs' private cost recovery action under §107, ...

The court holds that a neighborhood surrounding the site of a retirement home built in 1919 in Mississippi is eligible for inclusion on the National Register and thus falls under the protection of §106 of the National Historic Preservation Act (NHPA) even though it had not been officially declared ...

Granting defendants motion for summary judgment, the court dismisses a complaint which sought to enjoin a federally funded highway repair and renovation project pending compliance with the National Environmental Policy Act (NEPA), 42 U.S.C. §§4321-4361, ELR STAT. & REG. 41009, and the National...