The court holds that the Environmental Protection Agency's (EPA's) emergency suspension order under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) banning the use of dinoseb was arbitrary and capricious. The court first holds that it has jurisdiction under FIFRA §6(c)(4) to review ...
The court holds that a parcel of land on which dikes and levees were built without a Federal Water Pollution Control Act (FWPCA) §404 permit from the Army Corps of Engineers is wetlands and orders restoration and payment of a $40,000 civil penalty. The court first holds that the land is wetlands. A...
The Court rules that under the Just Compensation Clause, where the government has temporarily taken property by means of a land use regulation, the landowner may recover damages for the time during which all use of the property is denied. The Court invalidates that part of the California Supreme Cou...
The court holds that the discharge into Lake Michigan of dead fish and fish remains by a hydroelectric power plant in its turbine generating water requires a Federal Water Pollution Control Act (FWPCA) national pollutant discharge elimination system (NPDES) permit. The court initially concludes that...
The court holds that the Federal Water Pollution Control Act (FWPCA) applies to Puerto Rico, and a mangrove forest located on firm, wet soil and separated from the sea by dunes is an "adjacent wetland" within the meaning of the Act. The court first rules that the FWPCA applies to Puerto Rico. Althou...
The court, lifting the permanent injunction that has halted construction of the Wallisville Lake Project in Texas since 1973, holds that the Corps of Engineers has complied with the National Environmental Policy Act (NEPA) and Congress has authorized the project. The court first holds that the Corps...
The court holds that water on federal lands in excess of that necessary for the purposes of the original land reservation is free for appropriation, but the United States may assert a defeasible riparian water right to unused and unappropriated water under which it may use the water for secondary no...
The court holds that a trustee in bankruptcy of a hazardous waste site may not abandon the site with less than full compliance with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and that the costs incurred by the Environmental Protection Agency (EPA) under CERCLA...
The court holds that environmental groups are entitled to attorney fees in a settled Federal Water Pollution Control Act (FWPCA) citizen suit, but adjusts the lodestar downward since plaintiffs' proof is entirely based on reports filed by defendant pursuant to law and plaintiffs met with only minima...
The court holds that the Wyoming Environmental Quality Council's denial of an application to remove large blocks of rock from public lands in southern Wyoming was supported by substantial evidence and is not preempted by federal law. The court first holds that college professors were competent to fi...