Proof of a likelihood that refuse discharged into a tributary will reach navigable water is sufficient to sustain a conviction under the Rivers and Harbors Act of 1899. The statute's prohibition of discharges that "shall float or be washed" into navigable waters does not require proof that the refus...

In a case brought by an association of private citizens challenging an Army Corps of Engineers' dam project, the court refuses to enjoin mere acquisition of land by the Corps, and on a cross-motion refuses to enjoin the plaintiffs from cutting timber and otherwise damaging the land in the project ar...

In a case brought by helium suppliers resisting termination of their government contracts, the appeals court defers ruling on the government's request for immediate dissolution of a preliminary injunction against termination issued in 1971 because of noncompliance with NEPA, and orders expedited tri...

The court finds that the environmental impact statement for the Consolidated Law Enforcement Training Center in Beltsville, Maryland, satisfies the procedural requirements of NEPA §102 as a matter of law. The final impact statement, which was circulated in draft for comment by interested agencies i...

The Secretary of Housing and Urban Development filed an adequate NEPA statement in conjunction with his approval of the construction of a development over an underground reservoir. The court retains jurisdiction in order to insure compliance with the safeguards imposed on the developers. Although th...

In a suit to perfect prior water rights of the United States in the Truckee River, an interstate stream, against all upstream users including the states of California and Nevada, the proper forum is the federal district court in Nevada. California cannot be joined as a defendant in such a suit, but ...

In a consolidated class action the District Court for the District of Maryland holds that NEPA, the Federal-Aid Highway Act, and the Clean Air Act do not apply to the construction of I-170 in the Franklin-Mulberry Corridor, a part of the larger Federal-Aid Interstate System for Baltimore City. The c...

The State Environmental Policy Act requires an examination of the possibility of pollution before a permit may be issued for the withdrawal of water from a lake for domestic use. Although the agency decision and lower court review occurred prior to the effective date of the Act, it still applies sin...

In a settlement agreement, the Federal Highway Administration consents to reevaluate federal-aid highway projects which have received design approval to ascertain whether a NEPA impact statement must be prepared. FHwA division engineers in each state will prepare and publish lists of projects subjec...

Plaintiffs' motions for partial summary judgment ordering (1) circulation of an amendment to the final impact statement on Interstate H-3 as a draft, (2) new corridor hearings on the highway, (3) new design hearings on the highway, and (4) the submission of new "report" as defined by 23 U.S.C. §128...