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United States v. Cruthers

The defendant was convicted of theft of government property for cutting trees on his unpatented mining claim and using them to construct a residential cabin on adjacent private property (his patented claim), assertedly in violation of 30 U.S.C. §612(c), which prohibits cutting or removal of timber ...

United States v. Kennecott Copper Corp.

The Ninth Circuit Court of Appeals affirms a lower court's conviction of the defendant for failing to notify the appropriate governmental agency immediately about a known oil spill into a navigable river, as required by §311 of the Federal Walter Pollution Control Act Amendments of 1972. The statut...

Illinois v. Rosing

Contrary to plaintiff's assertions, §313 of the Federal Water Pollution Control Act Amendments of 1972 does not constitute an express waiver of sovereign immunity so as to subject federal facilities to suit for failure to comply with state pollution control measures. The words "shall comply," while...

Northern Cal. Power Agency v. Morton

A group of non-profit power users challenges on both procedural and substantive grounds a substantial rate increase promulgated by the Department of the Interior on sales of electric power derived from the Bureau of Reclamation's Central Valley Project in California. In 1973, for the first time in 3...

United States v. Ohio Barge Lines

Since EPA has not determined alcohol to be a hazardous substance under §311 of the Federal Water Pollution Control Act Amendments of 1972, the defendant barge company's employee did not trigger the immunity provision in §311(b)(5) by notifying the Coast Guard of a small alcohol spill. Defendant is...

Morrisville v. Delaware River Basin Comm'n

Municipalities which use Delaware River water here challenge a system of user charges adopted by the Delaware River Basin Commission in order to repay the federal government for constructing storage reservoirs in the Basin. Plaintiffs have standing although they are not signatories to the DRB Compac...

Milo Community Hosp. v. Weinberger

The Secretary of Health, Education, and Welfare was not required to prepare a NEPA impact statement prior to terminating plaintiff's status as a federally-assisted "provider of services" under the Medicare Act because of plaintiff's continued non-compliance with fire prevention regulations. Although...

American Meat Inst. v. EPA

This is a petition for review of the Environmental Protection Agency's effluent limitations for slaughterhouses and meat-packing plants. The Seventh Circuit Court of Appeals sustains the EPA Administrator's view that the Federal Water Pollution Control Act Amendments of 1972 authorize him to promulg...

Square Butte Elec. Coop. v. Hilken

The court dismisses an electrical cooperative's complaint seeking to exercise the power of eminent domain against a number of individual North Dakota landowners in order to construct an electrical transmission line. The taking of private property for public use under the state's power of eminent dom...