The court upholds a Corps of Engineers NEPA threshold determination that the issuance of a permit to a private developer for construction of a fishing pier and boat basin on an island of North Carolina's Outer Banks did not constitute a major federal action significantly affecting the environment. T...

The Washington Metropolitan Area Transit Authority's Board of Directors failed to give proper consideration to environmental and aesthetic factors when it prepared a segment of its mass transit plan. Although a NEPA impact statement was not required since this was not a major federal action, the Boa...

The Clean Air Act does not create a right in a municipal air pollution control agency to assess civil penalties and attorney fees against a federal facility for violation of local emission regulations, nor does it constitute a consent by the United States to be sued for injunctive relief against suc...

A district court decision that the final EIS for the Interior Department's termination of helium procurement contracts did not adequately comply with the requirements of NEPA, is reversed. After finding that the Helium Act does not exempt the Secretary of the Interior from the requirements of NEPA, ...

The Federal Water Pollution Control Act Amendments of 1972 do not preempt the state of Illinois' federal common-law right to seek abatement of a nuisance in the form of raw sewage discharged into Lake Michigan. Nor do water pollution control regulations promulgated by EPA constitute such a preemptio...

The Act of May 9, 1900 exempts log driving on the upper Kennebec River in Maine from the provisions of the Rivers and Harbors Act of 1899 concerning obstructions to navigation, but nothing in the 1900 Act or its legislative history exempts this activity from the restriction on pollution of navigable...

The Clean Air Act does not require federal agencies to comply with the permit procedures of the Kentucky state implementation plan, which was approved pursuant to §110 of the Act, before operating installations which emit air pollutants. The federal government is immune from state regulatory measur...

The court affirms a lower court's ruling that the EIS for a highway segment meets the requirements of NEPA even though it was initially prepared by the state highway commission. The fact that the statement was reviewed, modified, and adopted as its own by the Federal Highway Administration distingui...

A state Water Resources Board decision denying plaintiff landowners' request for permission to fill four acres of tidal marsh on their property for the purpose of developing houses did not constitute a taking of plaintiffs' property and is upheld. Plaintiffs have failed to support their burden of pr...

A corporation whose shipping company subsidiaries have been responsible for nine oil spills in Lake Champlain in the last six years is enjoined under the Rivers and Harbors Act of 1899 and the federal common law of nuisance to institute certain precautionary procedures in regard to oil transportatio...