The court holds that an environmental impact report (EIR) prepared for a proposed expansion of the John Wayne Airport in Orange County, California, fails to comply with the California Environmental Quality Act (CEQA). If finds the EIR's project description inadequate as failing to encompass the full...
The court rules that among a group of plaintiffs seeking to recover in maritime tort for indirect economic losses resulting from the closure of portions of Louisiana waterways to navigation and commercial fishing due to defendants' spill of toxic chemicals, only commercial fishermen who routinely op...
The court holds that an environmental impact statement (EIS) for a deepwater port to be constructed at Galveston under permits issued by the Army Corps of Engineers complies with the National Environmental Policy Act (NEPA). Applying a "rule of reason," the court limits its review of the EIS to dete...
The court orders defendants to pay civil fines and provide mitigation areas as penalties for filling a mangrove wetland without a permit in violation of §404 of the Federal Water Pollution Control Act (FWPCA) and §10 of the Rivers and Harbors Act. Defendant college hired defendant construction com...
The court dismisses a petition challenging the Environmental Protection Agency's (EPA) failure to veto state issuance of a National Pollutant Discharge Elimination System (NPDES) permit to an industrial discharger or to withdraw its approval of Mississippi's assumption of permit issuing authority. T...
The court upholds a national pollution discharge elimination system permit issued by the Environmental Protection Agency (EPA) insofar as it requires best practicable technology (BPT) effluent limitations, as taken from an earlier consent decree in a Refuse Act enforcement suit, but vacates the addi...
Applying the Cappaert decision, 6 ELR 20540, the court affirms a district court ruling that the United States failed to reserve water rights in the Gila National Forest for recreational purposes. Under the implied reservation doctrine, the United States may claim only that amount of water necessary ...
The court affirms a county planning commission's certification of an environmental impact report (EIR) for the drilling of exploratory geothermal wells as being in compliance with the California Environmental Quality Act (CEQA) despite the absence of any consideration of the impact of a geothermal p...
The court affirms a lower court's ruling that §208 of the Federal Water Pollution Control Act Amendments of 1972 requires the states to prepare areawide waste treatment management plans when acting as planning agencies for areas not designated by a state or locality as having substantial water qual...
The Second Circuit Court of Appeals reverses a lower court's decision that the Federal Trade Commission was required to prepare an environmental impact statement under the National Environmental Policy Act (NEPA) at the outset of an adjudicatory proceeding brought pursuant to §5 of the Federal Trad...