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United States v. Kin-Buc, Inc.

In a suit brought by the United States against the owners of a hazardous waste disposal site, the court denies defendants' motion to dismiss plaintiff's claim under the federal common law of nuisance. First, the court rules that the Federal Water Pollution Control Act Amendments of 1972 did not pree...

United States v. Hopewell, City of

The court rules that the Commonwealth of Virginia may not intervene as a plaintiff in an action instituted by the Environmental Protection Agency (EPA) against the city of Hopewell, Virginia, for violations of the Federal Water Pollution Control Act (FWPCA). EPA initiated an enforcement action pursu...

State v. Superior Court of Lake County

The court rules that, under §830 of the California Civil Code, private owners of land that is riparian to navigable, nontidal waters have title to all property above the low watermark, but that the lands remain subject to a public trust to preserve them in their natural state. Private parties claim...

State v. Superior Court of Placer County

The court reverses the trial court's conclusion that the "last natural" low watermark of Lake Tahoe, prior to construction of a dam in 1870, is the appropriate mark to measure the boundary line between public and private ownership. The court first finds that the state may not be estopped from assert...

Northwest Envtl. Defense Ctr. v. Bratton

The court upholds the adequacy of an environmental impact statement (EIS) for a jetty rehabilitation project in Nehalem Bay, Oregon. Plaintiff sought a preliminary injunction halting the project, contending that the final EIS was iandequate under the National Environmental Policy Act (NEPA). The cou...

Natural Resources Defense Council v. EPA

The court upholds in part and remands in part the Environmental Protection Agency's (EPA's) regulations implementing §301(h) of the Federal Water Pollution Control Act (FWPCA), which allow publicly owned treatment deadline set out in §301(b). The Natural Resources Defense Council (NRDC) argued tha...

Peoples Gas Light & Coke Co. v. U.S. Postal Serv.

Granting plaintiff's motion for a preliminary injunction, the court rules that the United States Postal Service (USPS) must issue a negative determination regarding environmental impacts for gas-powered boilers and therefore reevaluate its decision to solicit bids for construction of an electric boi...

Pymatuning Water Shed Citizens for a Hygienic Env't v. Eaton

Finding that plaintiff is a citizen within the meaning of §505 of the Federal Water Pollution Control Act (FWPCA), the court orders defendants to comply with their national pollutant discharge elimination system (NPDES) permit without proof of violations of effluent standards or limitations under �...

United States v. M/V Big Sam

The court rules that under §311(g) of the Federal Water Pollution Control Act (FWPCA), the owner of a "third party" vessel causing the discharge of oil into navigable waters is not liable to the United States for cleanup costs where the owner proved that the spill was caused solely by an act of the...

United States v. DeFelice

Affirming a district court, the Fifth Circuit Court of Appeals rules that a private artificial canal is within the Army Corps of Engineers' jurisdiction where the canal is capable of commercial navigation and is subject to the ebb and flow of the tide. Pursuant to a prior court order acknowledging h...