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Shoreline Assocs. v. Marsh

The court rules that the Army Corps of Engineers' denial of plaintiff's application for a dredge and fill permit without an evidentiary hearing and opportunity for cross-examination of expert witnesses did not deny due process. Initially, the court notes that it must review the Corps' decision based...

United States v. California State Water Resources Control Bd.

The Ninth Circuit partially reverses the district court and upholds all conditions imposed by California on the federal government's appropriation of water for the New Melones Dam project. Relying on the Supreme Court's interpretation in an earlier stage of this litigation, 8 ELR 20593, of the 1902 ...

United States v. Lambert

The Eleventh Circuit affirms the district court's denial, 13 ELR 20045, of a preliminary injunction against unpermitted dredge and fill activities allegedly in violation of §§301 and 404 of the Federal Water Pollution Control Act. Initially, the court notes that any preliminary injunctive relief g...

Moyer's Landfill, Inc. v. Zoning Hearing Bd.

The court rules that a township and its zoning board may not exclude a sanitary landfill absent a showing that protection of the public health and welfare requires the exclusion. The court first holds that the Lower Providence Township and its zoning board cannot require a zoning permit applicant to...

United States v. Golden Acres, Inc.

The court holds that unpermitted fill activity in a marsh wetlands violates §301(a) of the Federal Water Pollution Control Act (FWPCA), and orders defendant to pay a civil penalty and to restore a portion of the filled area. The court declines to rule on whether defendant's actions violated the Riv...

Southeast Alaska Conservation Council, Inc. v. Watson

The court rejects plaintiff's request for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412, in its action under the Alaska National Interest Lands Conservation Act (ANILCA) to reverse the government's approval of U.S. Borax's (the company's) bulk sampling plan for Misty F...

Jicarilla Apache Tribe v. Andrus

The Tenth Circuit affirms the district court's ruling that the Secretary of the Interior violated a public notice regulation in advertising oil and gas lease sales on the Jicarilla Apache Indian Reservation, and that the tribe's National Environmental Policy Act (NEPA) claim was barred by laches and...

Natural Resources Defense Council v. EPA

The court grants the Natural Resources Defense Council's (NRDC's) petition for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412(d)(1)(A), for its challenge to the Environmental Protection Agency's (EPA's) indefinite postponement of the effective date of Federal Water Poll...

Stablex Corp. v. Hooksett, Town of

The New Hampshire Supreme Court rules that the state has preempted the field of hazardous waste disposal regulation.The court invalidates a town ordinance requiring siting approval by popular referendum and a town planning board's denial of plaintiff's hazardous waste site permit application. The co...

National Tank Truck Carriers, Inc. v. Burke

The First Circuit affirms the district court's ruling, 12 ELR 20853, that certain of Rhode Island's regulations governing the transportation of hazardous materials are inconsistent with and therefore preempted by the Hazardous Materials Transportation Act (HMTA). The First Circuit adds that the Depa...