The court denies a private landowner's motion to dismiss a suit under the Rivers and Harbors Act seeking damages for harm to oyster beds and aesthetic enjoyment of a creek caused by allegedly illegal dredge, fill, and bulkheading activities. Plaintiffs may, insofar as they have alleged obstructions ...

The EPA Administrator acted illegally in exempting discharges from certain classes of point sources including storm sewers, silvicultural facilities, relatively small animal confinement facilities, and irrigation return flows, from the Nation Pollutant Discharge Elimination System permit requirement...

Section 208(a)(6) of the Federal Water Pollution Control Act Amendments of 1972 requires a state to act as the areawide waste treatment management planning agency for non-designated portions of the state in the same manner as waste treatment planning organizations designated for certain portions of ...

On appeal from partial denial of plaintiff's motion for preliminary injunction, the court of appeals concludes that the district court did not abuse its discretion in refusing to extend to the nonfederally funded elements of a state's airport expansion and development plan an injunction against cons...

The court grants in part and denies in part defendants' motions to dismiss for failure to state a claim, a suit seeking to halt construction of a 650-megawatt coal-burning power plant in western Nebraska. Plaintiff Sierra Club, which has standing to maintain this action, contends that a state constr...

NEPA makes no provision for awarding damages or restitution to a private party. A landowner therefore cannot recover such compensation under the statute for state condemnation of 0.4 acres of his land for use in a planned federally funded highway project. The court also rules that when a state court...

After a full trial on the merits, the court denies plaintiffs' plea for injunctive and declaratory relief against an Army Corps of Engineers project to build a dam on the Meramec River near St. Louis and awards defendants costs. In finding all plaintiff's allegations of noncompliance with NEPA, the ...

Attempts by the Departments of Interior and Agriculture and the Army Corps of Engineers to control the development of coal resources in the Northern Great Plains show that a regional program of major federal action is contemplated, for which preparation of a programmatic NEPA impact statement may be...

This action was brought under §304 of the Clean Air Act to challenge the EPA Administrator's refusal to revise standards for new coal-fired power plants previously promulgated under §111 of the Act. The district court properly dismissed for lack of jurisdiction, since the plaintiffs are actually a...

Cattle ranchers are ordered to limit their pumping of underground water to quantities that will maintain a high enough water level in nearby Devils Hole pool, in the Death Valley National Monument, to preserve the pupfish, an endangered species that inhabits the pool. The Presidential Proclamation o...