The court rules that the Army Corps of Engineers' denial of permits to dredge and fill wetlands on Marco Island, Florida, was neither arbitrary nor capricious. Based on Corps and Environmental Protection Agency (EPA) guidelines, the Chief of Engineers granted one permit but denied two others, conclu...

The court rules that the Corps of Engineers' jurisdiction under §404 of the Federal Water Pollution Control Act (FWPCA) extends to freshwater wetlands containing vegetation tolerant to saturated soil conditions. The court had previously enjoined private defendants' landclearing operations prior to ...

The Court holds that the Rivers and Harbors Act of 1899 provides no implied private cause of action to enforce §10 of the Act. Respondents sought to enjoin construction of part of the California Water Project, a series of storage and transportation facilities designed to carry water from the northe...

Following the Supreme Court's remand on jurisdictional grounds, 10 ELR 20230, the Ninth Circuit Court of Appeals affirms the Environmental Protection Agency's (EPA's) veto of state-issued variances from best practicable technology (BPT) effluent limitations. The California State Water Resources Cont...

In an action by local residents to enjoin Alabama from acquiring a prison site and issuing a national pollutant discharge elimination system (NPDES) permit without preparing an environmental impact statement, the court affirms an award of summary judgment for the defendants. It holds that the state'...

The court vacates the Environmental Protection Agency's (EPA's) approval of Illinois' New Source Rules for nonattainment areas contained in the state implementation plan (SIP), but upholds EPA's approval of Illinois Pollution Control Board Rule 203(f), concerning the control of fugitive particulate ...

Although setting aside on other grounds the Interstate Commerce Commission's granting of a certificate for reinstitution of a railroad freight service, the court upholds the Commission's threshold finding that its action would have no significant environmental impact and thus no environmental impact...

The court rules that the district court properly upheld, 10 ELR 20763, the adequacy of an environmental impact statement (EIS) prepared for the construction of U.S. Route 7, in Connecticut. The court's role under the National Environmental Policy Act (NEPA) is to insure that the Federal Highway Admi...

The Second Circuit Court of Appeals holds that the Environmental Protection Agency (EPA) properly approved a review of New York's state implementation plan (SIP) under the Clean Air Act and rejects challenges by the States of Connecticut and New Jersey regarding the interstate impacts of the revisio...

The district court rules that motions to intervene filed by Pennsylvania state legislators 16 to 18 months after the parties signed a consent decree establishing an auto emissions inspection and maintenance (I/M) program are untimely and therefore must be denied. The Delaware Valley Citizens' Counci...