Defendant was convicted, inter alia, of violating the Endangered Species Act of 1973 by transporting a cougar and a leopard from Florida to Kentucky in December 1974 without the required permit. Seizure of his animals by agents of the Department of Interior and their interference with his attempted ...

The court grants summary judgment to the Environmental Protection Agency (EPA) in this action to review its decision not to prepare an environmental impact statement under the National Environmental Policy Act (NEPA) concerning approval of a sewage treatment plant construction grant under the Federa...

An award of attorney fees is granted to plaintiff in a citizen suit which sought to require the EPA Administrator to issue proposed noise emission regulations called for by the Noise Control Act of 1972. The Act clearly provides the court with discretionary authority to grant attorney fees in citize...

The court grants a preliminary injunction against defendants' acquisition of land and construction for the initial stage of the Garrison Diversion Unit in the West Oakes area of North Dakota. The court first concludes that plaintiffs are likely to succeed on the merits of their claim that the projec...

The district court stays further proceedings pending exhaustion of administrative remedies in a suit seeking a declaratory judgment that plaintiffs' fill activities are not within the jurisdiction of the Army Corps of Engineers. Plaintiffs, who failed to obtain a permit under §404 of the Federal Wa...

The Eighth Circuit grants appellants' motion for a stay pending appeal of a preliminary injunction barring acquisition of land for construction of the initial stage of the Garrison Diversion Unit in the West Oakes area of North Dakota. The district court, 12 ELR 20756, enjoined construction of a pum...

The court upholds the district court's refusal to enjoin a wild horse roundup for alleged NEPA violations. Since the only roundup which was arguably carried out without an environmental impact statement (EIS) has been completed, the case is moot. Although EISs for all planned future roundups are not...

In a suit to enjoin the sale of federal coal leases in the Powder River Coal Region of Montana and Wyoming, the court grants defendants' motion for a transfer of venue to the Montana district court. Venue is proper in Montana since three of the five plaintiffs are located in Montana, all of the plan...

The court holds that the Great Miami River in Ohio and four of its tributaries are not navigable within the meaning of §10 of the Rivers and Harbors Act of 1899. Since the parties agree that no use of these waterways for commercial purposes occurred after 1830, the court considers the question of n...

The court rules that a site-specific environmental impact statement (EIS) is not required under the National Environmental Policy Act (NEPA) prior to aerial broadcast spraying of insecticide to eradicate the gypsy moth in South Salem. Initially, the court holds that plaintiffs do not have a private ...