The court holds that attorney fees are appropriate in a Federal Water Pollution Control Act (FWPCA) citizen suit, and that the district court did not err in failing to reduce the lodestar amount in light of meager results. The court first holds that an attorney fee award was appropriate under FWPCA ...

The court holds that the Corps of Engineers lacks jurisdiction to require a permit under §404 of the Federal Water Pollution Control Act for development of an isolated wetland, because it failed to follow the Administrative Procedure Act's (APA's) notice and comment procedures for a memorandum that...

The court holds that the defendants, the owner and operator of a hazardous waste treatment, storage, and disposal facility, violated the Resource Conservation and Recovery Act (RCRA) by placing hazardous waste in unlined landfill cells. The court first holds that a triable issue of fact exists as to...

The court holds that states have the authority to enforce their own more stringent water quality standards by denying certification under §401 of the Federal Water Pollution Control Act (FWPCA) for a general permit, and that the Army Corps of Engineers' headwaters nationwide permit is not applicabl...

The Nevada Supreme Court rules that Nevada law does not require a diversion of water for a valid appropriation, and holds that the Bureau of Land Management (BLM) and the United States Forest Service may obtain water rights for stock and wildlife watering on federal public lands even though they own...

The court holds that plaintiff is not entitled to a preliminary injunction to prevent construction of a causeway and dredging of a site for a marine cargo terminal. In longstanding litigation over the proposed development on Sears Island, Maine, plaintiffs challenged permits issued by the Army Corps...

The court holds that plaintiff's claims that construction by the Maine Department of Transportation (MDOT) of a causeway to, and a marine cargo terminal on, Sears Island would violate the Federal Water Pollution Control Act (FWPCA) and the National Environmental Policy Act (NEPA) raise questions to ...

The court vacates the Louisiana Department of Environmental Quality's (DEQ's) settlement with BASF Corporation concerning chemical releases in violation of state air quality regulations, since the DEQ failed to obtain the concurrence of the attorney general and failed to adequately support its decis...

The court holds that the Federal Water Pollution Control Act (FWPCA) prohibits a consent decree between an environmental group and a corporate defendant in which the corporation agrees to pay $45,000 to environmental groups. The consent decree, entered to settle an FWPCA §505 citizen suit, would ha...

The court holds that the operation of pumped storage generators by the Corps of Engineers on the Savannah River should be enjoined pending completion of a supplemental environmental impact statement addressing the adverse effects of pumped storage, but that the installation of the generators may pro...