The Corps of Engineers is not required to file an environmental impact statement under §102(2)(C) of NEPA when issuing a dredging and pier building permit allowing the construction by private parties of a boating and fishing marina. Review of an application for permission to proceed with an activit...

Plaintiff and defendant Acting Administrator of EPA agree on revised timetable for EPA compliance with mandate of Federal Water Pollution Control Act Amendments of 1972. EPA adopts policy of 30 days' public notice of proposed agency actions. See Comment, Settlement Fixes Deadlines for EPA Compliance...

Under the Maine Site Location Law the state's highest court denies a private developer permission to subdivide 92 acres of land fronting on a public pond because the developer failed to demonstrate that his plans would adequately protect the public's interest in the pond. The Site Location Law appli...

In a concurring and dissenting opinion later adopted by the majority in Borough of Neptune City v. Borough of Avon-by-the-Sea, 2 ELR 20519, Justice Hall calls for reinvigoration of the Public Trust Doctrine in New Jersey in order to conserve remaining tide-flowed lands. He concludes that it is impos...

The planning and development of an urban renewal project subject to the approval of the City Council is not federal action for NEPA purposes, and even if it were, the costs of delaying the project would be too great to justify the issuance of a preliminary injunction. However, later implementation o...

The Maine Supreme Court upholds the constitutionality of the Coastal Conveyance Act of 1970, which imposes an annual license fee on operators of oil terminal facilities receiving shipments of oil by sea. The one-half cent per barrel charge, paid into a fund for the containment and cleanup of oil spi...

Determinations made by the Administrator of the Environmental Protection Agency under §111 of the Clean Air Act governing standards for emission of air pollutants by new sources are exempt from NEPA requirements. However, the Administrator's promulgation of standards for Portland cement plants was ...

Proof of a likelihood that refuse discharged into a tributary will reach navigable water is sufficient to sustain a conviction under the Rivers and Harbors Act of 1899. The statute's prohibition of discharges that "shall float or be washed" into navigable waters does not require proof that the refus...

In a case brought by an association of private citizens challenging an Army Corps of Engineers' dam project, the court refuses to enjoin mere acquisition of land by the Corps, and on a cross-motion refuses to enjoin the plaintiffs from cutting timber and otherwise damaging the land in the project ar...

In a case brought by helium suppliers resisting termination of their government contracts, the appeals court defers ruling on the government's request for immediate dissolution of a preliminary injunction against termination issued in 1971 because of noncompliance with NEPA, and orders expedited tri...