In a companion case to United States v. Joseph G. Moretti, Inc., the court of appeals affirms the validity of the Army Corps of Engineers' denial of an after-the-fact application for a dredge and fill permit. The district court correctly concluded that the Secretary of the Army was not required to r...

The planned relocation of various Air Force units from bases near Kansas City, Missouri, and elsewhere to Scott Air Force Base in Illinois is enjoined pending preparation of a full NEPA impact statement. The Air Force's determination that the proposed realignments, which involve more than 7,500 pers...

Defendants prevail in this declaratory and injunctive action challenging the 1977 effluent limitations imposed on municipal water treatment plants by §301(b)(1)(E) of the Federal Water Pollution Control Act Amendments of 1972 (FWPCA). The court rejects plaintiff's contention that treatment plants n...

The court awards plaintiff $155,714.72 against its insurer for costs incurred in cleaning up a 14,000 gallon oil spill of undetermined cause from its storage tanks into the Hackensack River. Under applicable statutes, N.J.S.A. 58:10-23.4, -.5, -.7; 23:5-28, plaintiff was liable for removal of the oi...

A finding that the defendant was free from material negligence in the discharge of about 7,000 gallons of oil is not a defense to liability under the Federal Water Pollution Control Act Amendments of 1972 (FWPCA), 33 U.S.C. §1321(b)(6), ELR 41101, but it will support only the imposition of a nomina...

In a suit brought under §403 of the Rivers and Harbors Act of 1899 and §301 of the Federal Water Pollution Control Act Amendments of 1972, defendants agree in a consent judgment to restore completely wetlands and marshes damaged by dredging, and to pay a civil penalty of $10,000.
Counsel for Plai...

The Bureau of Land Management's roundup of 400 wild horses in Stone Cabin Valley, Nevada, does not violate the Wild Free-Roaming Horses and Burros Act and is not a major federal action significantly affecting the environment so as to require an environmental impact statement under NEPA. The predomin...

The New York Appellate Division reverses a lower court judgment and holds that the New York City Landmarks Preservation Law is constitutional as applied to Grand Central Terminal, over which plaintiffs intended to construct a 50-story office building. The Landmarks Preservation Commission's designat...

The court of appeals lacks jurisdiction, under §307(b)(1) of the Clean Air Act, to consider a utility company's petition for direct review of the EPA Administrator's approval of that portion of the Missouri implementation plan which limits sulfur dioxide emissions. Assuming arguendo that petitioner...

The D.C. Circuit affirms a decision of the Atomic Safety and Licensing Appeal Board, which held that discovery of an inactive geologic fault under a partially completed nuclear power plant required no changes in the plant's design specifications. The presence of the fault was discovered during excav...