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United States v. M/G Transp. Servs., Inc.

The court reverses a district court's acquittal of a tow boat company, a company officer, and the boat's captains for violating the Federal Water Pollution Control Act by dumping pollutants into a river without a permit. The district court acquitted the defendants after a jury found them guilty. The...

Jersey Heights Neighborhood Ass'n v. Glendening

The court reinstates a neighborhood association's National Environmental Policy Act (NEPA) and Federal Aid Highway Act (FAHA) claims against federal and state agencies for failing to prepare a supplemental environmental impact statement (SEIS) addressing the construction of a bypass around Salisbury...

Michigan Peat v. EPA

The court reverses a district court's dismissal of a peat company's Federal Water Pollution Control Act (FWPCA) §404 and takings claims against the federal government concerning a proposed §404 permit. The court first holds that the district court erred in finding that it did not have subject matt...

Informed Citizens United, Inc. v. USX Corp.

The court grants summary judgment to a company that allegedly violated its Federal Water Pollution Control Act (FWPCA) §404 permit by filling wetlands in contradiction of its mitigation plan. The U.S. Army Corps of Engineers authorized the company's filling and mitigation plan under Nationwide Perm...

Forest Properties, Inc. v. United States

The court holds that the federal governments' denial of a developer's application for a Federal Water Pollution Control Act (FWPCA) §404 permit to dredge and fill certain underwater lakebottom property did not constitute a regulatory taking. The developer claimed that the denial resulted in a takin...

South Trenton Residents Against 29 v. Federal Highway Admin.

The court holds that the Federal Highway Administration's (FHwA's) and a state transportation agency's decision not to complete a supplemental environmental impact statement (EIS) for a highway project in New Jersey was reasonable. Several years after a final EIS for the highway was completed, it wa...

Barthel v. Department of Agric.

The court holds that farmers may dredge and clean a ditch as necessary to farm their land as they did before the Swampbuster provision of the Food Security Act became effective. Before Swampbuster became effective, the farmers dredged and cleaned the ditch and used the drained land as a hay and cow ...

Citizens Concerned About Jet Noise v. Dalton

The court holds that the U.S. Department of the Navy's decision to transfer a large fleet of aircraft to a Virginia naval air station located near environmental group members' homes did not violate the National Environmental Policy Act. The court first holds that the Navy's consideration of the Virg...

Piney Run Preservation Ass'n v. County Comm'rs of Carroll County, Md.

The court holds that a county's sewage treatment plant violated Federal Water Pollution Control Act (FWPCA) §301(a) by discharging heat into a stream located near environmental group members' homes. The court first holds that according to the plant's monitoring reports, the plant's effluent exceede...

Andrus v. Agrevo USA Co.

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a farmer's state-law claims against a herbicide manufacturer. The farmer sought damages based on the herbicide's failure to perform as advertised, his detrimental reliance on the herbicide's label, and the ...