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Louisiana ex rel. Guste v. Verity

The court holds that regulations requiring shrimp trawlers offshore Louisiana to reduce the incidental catch of sea turtles by using turtle exclusion devices (TEDs) are not arbitrary or capricious and do not violate constitutional guarantees of equal protection. The regulations required trawlers in ...

Oklahoma Wildlife Fed'n v. Corps of Eng'rs

The court holds that the Army Corps of Engineers properly found no significant impact on the quality of the environment from a water transfer project, based on proposed mitigation measures. The Corps issued a permit to the North Texas Municipal Water District and the Greater Texas Utility Authority ...

Public Interest Research Group of N.J. v. Ferro Merchandising Equip. Corp.

The court holds that unanticipated deficiences in a sewer system do not excuse violations of a Federal Water Pollution Control Act (FWPCA) consent decree, and a good-faith effort to comply with the court's order is not a defense to contempt. The court first holds that it will not reconsider its prev...

Headwaters, Inc. v. BLM

The court holds that the Bureau of Land Management's (BLM's) decision to manage certain public domain lands for high-intensity timber harvesting does not violate the Federal Land Policy Management Act's mandate that BLM manage its lands for multiple use. The court first holds that the six-year statu...

Louisiana ex rel. Guste v. Lee

The court holds that the Corps of Engineers' failure to prepare an environmental impact statement (EIS) for its renewal of shell dredging permits was not substantially justified under the Equal Access to Justice Act (EAJA), but the district court must reconsider whether Louisiana's participation in ...

M.I.G. Invs., Inc. v. EPA

The court holds a landfill operator's challenge to the Illinois Environmental Protection Agency's (IEPA's) decision to deny a vertical expansion permit was timely and that a vertical expansion of an existing landfill requires local governmental approval. The court holds that a landfill operator's pe...

Arkansas Poultry Fed'n v. EPA

The court holds that the Environmental Protection Agency's (EPA's) pretreatment regulations defining "interference" and "pass through" are not inconsistent with the Federal Water Pollution Control Act (FWPCA). FWPCA, as interpreted in earlier case law, does not require that industrial discharges int...

United States v. Greer

The court holds that in a criminal prosecution of unpermitted and unreported hazardous waste dumping under Resource Conservation and Recovery Act (RCRA) §3008(d)(2)(A) and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §103(b)(3), there was sufficient evidence of gu...

Meredith v. Talbot County

The court holds that the district court properly abstained from deciding a developer's challenge to a county's refusal to allow residential development on a portion of the developer's land pursuant to the Chesapeake Bay Critical Area Protection Program. The county decided that the subdivision plat d...

Meredith v. Talbot County

The court holds that a developer's challenge to a county's refusal to allow residential development on a portion of its land pursuant to the Chesapeake Bay Critical Area Protection Program is barred by the developer's prior agreement not to build on this land. The court rejects the developer's claim...