The court rules that the veto by a Regional Administrator (RA) of the Environmental Protection Agency (EPA) of a Federal Water Pollution Control Act (FWPCA) §404 permit issued by the Corps of Engineers for construction of a shopping mall in Sweedens Swamp, a wetland in Massachusetts, was valid even...

The court holds that the Corps of Engineers has jurisdiction to require River and Harbor Act (RHA) §10 and Federal Water Pollution Control Act (FWPCA) §404 permits for the construction of a boat-launching facility on private lakefront property flooded by a Corps-built dam and subject to a Corps fl...

The Court holds that it cannot decide the question of whether a monetary remedy is constitutionally required when a regulatory taking is found because there has been no final determination on what use may be made of the affected property. Appellant's proposal to subdivide its property into residenti...

The court holds that the Secretary of the Interior complied with the notice and hearing requirements of §204 of the Federal Land Policy and Management Act (FLPMA) when he withdrew public lands for the Snake River Birds of Prey National Conservation Area in Idaho. Secretary of the Interior Cecil And...

The court holds that plaintiff is not entitled to an injunction under Federal Rule of Civil Procedure 62(c) to prohibit further construction by the Corps of Engineers of a dam on the Rogue River pending appeal of the court's earlier decision holding that the Corps satisfied the requirements of the N...

The court holds that the Corps of Engineers must prepare an environmental impact statement (EIS) for the renewal of shell dredging permits in two areas of southern Louisiana, but refuses to enjoin the dredging, while the EIS is prepared. The court's prior decision in this case, 15 ELR 20141, upholdi...

The court holds that the Eleventh Amendment to the United States Constitution bars an action against New York challenging the state's ban on the use of motorized vehicles, vessels, and aircraft in certain areas in Adirondack State Park, and the ban does not violate the federal Rehabilitation Act, su...

The court holds that potentially responsible parties cannot obtain judicial review of a completed response action taken by the Environmental Protection Agency (EPA) under §104 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) prior to a §107 cost recovery action...

The court holds that insurance companies do not have a duty to defend in an action brought by a city for damages to its sewage system caused by the waste discharged from the insureds' plant because the discharge falls within the policy's exclusion for damage caused by intentional releases of polluta...

The court holds that landowners are entitled to a jury verdict in their nuisance action against the owner of a carpet dye plant in Georgia who operates coal-fired boilers under an air pollution control permit granted by the state. The court first holds that operation of the coal-fired boilers may co...