Rejecting a challenge by the Commonwealth of Kentucky, the circuit court reverses the district court's invalidation of an environmental impact statement (EIS) prepared by the Army Corps of Engineers concerning the construction of the Clark Maritime Complex, a port and industrial complex on the Ohio ...

In an action brought under the citizen suit provision of the Federal Water Pollution Control Act (FWPCA), the court affirms a district court order, 11 ELR 20498, requiring a municipal sewage disposal authority to propose a timetable for abating the discharge of untreated sewage into the Shenango Riv...

The court affirms appellant's conviction for willfully interfering with Office of Surface Mining officials who entered onto appellant's property to conduct a warrantless inspection of surface mining operastions as authorized by §517 of the Surface Mining Control and Reclamation Act. The court rejec...

The district court enjoins defendant, Jackson County, Minnesota, from enforcing a six-foot cover requirement for plaintiff's natural gas pipeline and rules that Minnesota law and the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. §§1671 et seq., preempt the county from adopting pipeline safety...

The Ninth Circuit Court of Appeals affirms the district court's granting of defendants' motion for summary judgment and holds that the Department of Housing and Urban Development (HUD) was not required to prepare an environmental impact statement (EIS) under the National Environmental Policy Act whe...

The court rules that under the Property Clause of the United States Constitution the federal government may constitutionally refuse to dispose of public lands under its stewardship. Initially, the court finds that it has jurisdiction, under the Federal Land Policy and Management Act (FLPMA) and the ...

The district court holds that plaintiffs have standing to challenge an Environmental Protection Agency (EPA) cease and desist order, issued under the Federal Water Pollution Control Act (FWPCA), which allegedly resulted in flooding of plaintiffs' property. The court rejects EPA's contention that pla...

The Fourth Circuit Court of Appeals modifies and affirms the district court's decision upholding the Environmental Protection Agency's (EPA's) ruling that plaintiff had not commenced construction of its Chalk Point #4 generating station prior to August 17, 1971, and that the unit was thus required t...

The court upholds the constitutionality of §309(e) of the Federal Water Pollution Control Act (FWPCA), which provides that a state shall be liable for civil penalities assessed against a municipality for violations of a national pollutant discharge elimination system permit or a dredge-and-fill per...

The Fifth Circuit Court of Appeals holds that a challenge to the Environmental Protection Agency's (EPA's) designation of appellant's paper mill as a "violating facility" became moot when EPA's suit against appellant for noncompliance with its national pollutant discharge elimination system permit, ...