The court rules that, under §830 of the California Civil Code, private owners of land that is riparian to navigable, nontidal waters have title to all property above the low watermark, but that the lands remain subject to a public trust to preserve them in their natural state. Private parties claim...

The court reverses the trial court's conclusion that the "last natural" low watermark of Lake Tahoe, prior to construction of a dam in 1870, is the appropriate mark to measure the boundary line between public and private ownership. The court first finds that the state may not be estopped from assert...

The court upholds the adequacy of an environmental impact statement (EIS) for a jetty rehabilitation project in Nehalem Bay, Oregon. Plaintiff sought a preliminary injunction halting the project, contending that the final EIS was iandequate under the National Environmental Policy Act (NEPA). The cou...

The court upholds in part and remands in part the Environmental Protection Agency's (EPA's) regulations implementing §301(h) of the Federal Water Pollution Control Act (FWPCA), which allow publicly owned treatment deadline set out in §301(b). The Natural Resources Defense Council (NRDC) argued tha...

Granting plaintiff's motion for a preliminary injunction, the court rules that the United States Postal Service (USPS) must issue a negative determination regarding environmental impacts for gas-powered boilers and therefore reevaluate its decision to solicit bids for construction of an electric boi...

Finding that plaintiff is a citizen within the meaning of §505 of the Federal Water Pollution Control Act (FWPCA), the court orders defendants to comply with their national pollutant discharge elimination system (NPDES) permit without proof of violations of effluent standards or limitations under �...

The court rules that under §311(g) of the Federal Water Pollution Control Act (FWPCA), the owner of a "third party" vessel causing the discharge of oil into navigable waters is not liable to the United States for cleanup costs where the owner proved that the spill was caused solely by an act of the...

Affirming a district court, the Fifth Circuit Court of Appeals rules that a private artificial canal is within the Army Corps of Engineers' jurisdiction where the canal is capable of commercial navigation and is subject to the ebb and flow of the tide. Pursuant to a prior court order acknowledging h...

The court rules that the Organic Administration Act of 1897 authorizes the Secretary of Agriculture to issue regulations regarding placer mining on national forest lands. The Forest Service sought to enjoin defendants from mining until an approved mining plan had been filed and a bond posted as requ...

The court affirms the district court's award of damages to the United States for trespass on national forest lands. The district court had found appellants liable for trespass for conducting mining operations in the San Bernardino National Forest in violation of Forest Service regulations. In an act...