The court of appeals affirms a lower court's dismissal on jurisdictional grounds of a citizen suit challenge to the EPA Administrator's issuance of a National Pollutant Discharge Elimination System (NPDES) permit, and in addition denies as untimely a petition for direct review of the Administrator's...

The Federal Power Commission's (FPC) consideration of possible alternatives to a pumped storage hydroelectric facility on the New River, including energy conservation and inclusion of the river in the national wild and scenic rivers system, satisfies NEPA. Plaintiffs' objection that the FPC failed t...

Defendant was convicted, inter alia, of violating the Endangered Species Act of 1973 by transporting a cougar and a leopard from Florida to Kentucky in December 1974 without the required permit. Seizure of his animals by agents of the Department of Interior and their interference with his attempted ...

The court grants summary judgment to the Environmental Protection Agency (EPA) in this action to review its decision not to prepare an environmental impact statement under the National Environmental Policy Act (NEPA) concerning approval of a sewage treatment plant construction grant under the Federa...

An award of attorney fees is granted to plaintiff in a citizen suit which sought to require the EPA Administrator to issue proposed noise emission regulations called for by the Noise Control Act of 1972. The Act clearly provides the court with discretionary authority to grant attorney fees in citize...

Plaintiffs seek reversal of the lower court's dismissal, 5 ELR 20566, of this declaratory and injunctive action under the Endangered Species Act and Department of Transportation Act challenging a proposed interstate highway segment and interchange that would transect the habitat of the Mississippi s...

The state of New Jersey cannot collect damages for injury to public trust resources because of a fish kill which followed the pumping of cold water from one stream through defendant's temporarily shutdown nuclear power plant into another stream where the fish had been attracted by the plant's therma...

Plaintiffs appeal a trial court decision that an 11-mile portion of the Russian River is non-navigable, and that they therefore do not have a right to free and unobstructed boating and recreational activities on the waterway. The lower court found that in its natural state, prior to installation of ...

Under the Rivers and Harbors Act of 1899, the Army Corps of Engineers' regulatory jurisdiction over filling in navigable waters on the Pacific Coast extends to the mean higher high water line (MHHW), which is defined as the average limit of the higher of the two daily high tides over a period of 18....

Plaintiffs sue to compel the Administrator of the Environmental Protection Agency to list lead as a "criteria air pollutant" under §108(a)(1) of the Clean Air Act Amendments of 1970. Such listing would trigger issuance of air quality criteria and a national ambient air quality standard for lead und...