ENVIRONMENTAL LITIGATION: RIGHTS AND REMEDIES

This paper, which provides a current review and analysis of environmental case law as it affects the federal highway program, also informs the reader about pertinent decisions by the federal courts. Standing to sue is discussed, and the applicability of procedural requirements of federal environmental statutes to specific highway projects is considered. Failure to comply with procedural requirements and with substantive requirements of federal environmental statutes are also covered. Judicial review of agency decisions under the federal environmental statutes has been applied under varying standards depending on the particular kind of violation alleged by the plaintiff. In suits under the federal environmental statutes, the remedy sought invariably is some form of injunction barring continuation of the project. Highway cases in which injunctive remedies are discussed are mentioned. It is noted that in reading the cases, counsel should look for two points: the criteria necessary to obtain injunctive relief should be evaluated; the kinds of cases in which injunctive relief was granted should be studied. Comments are also made on bonds and attorney's fees. The National Environmental Policy Act is included in the appendix.

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  • Supplemental Notes:
    • A supplement to this paper by L.W. Thomas was published in Addendum 3, December 1982, pp 1712-S1 through 1712-S34. Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved
  • Corporate Authors:

    Transportation Research Board

    500 Fifth Street, NW
    Washington, DC  United States  20001
  • Authors:
    • Yarrington, H J
  • Publication Date: 1978

Language

  • English

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Filing Info

  • Accession Number: 00178356
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Aug 31 1998 12:00AM