In a suit challenging the Army Corps of Engineers' assertion of regulatory jurisdiction over an intrastate lake and its outlet creek, the court rules that the lake and creek, although both navigable in fact, are not navigable waters of the United States within the meaning of §10 of the Rivers and H...

Affirming the lower court's dismissal of criminal charges under the National Stolen Property Act (NSPA), the Second Circuit Court of Appeals holds that the Act does not apply to interstate transportation of clams harvested in violation of state law. Defendants were charged under the Lacey Act with i...

The Second Circuit denies petitioner's request for review of the Nuclear Regulatory Commission's denial of its petition for a rulemaking to determine whether the highly radioactive wastes generated by nuclear power reactors can be safely disposed of on a permanent basis. The petition filed with the ...

The court denies plaintiff's request for mandamus directing the president of the United States to issue a supplemental budget statement under §8(b) of the Forest and Rangeland Renewable Resources Planning Act of 1974. The court declares moot the first of plaintiff's claims, that the president faile...

The court vacates an Interstate Commerce Commission (ICC) order which declined to modify existing railroad freight rate structures for recyclable and virgin resource materials.In response to petitions for review supported by the Environmental Protection Agency and the Federal Energy Administration, ...

In a suit challenging the grant of a permit under §404 of the Federal Water Pollution Control Act, the court issues an order allowing plaintiffs to submit evidence outside the administrative record. Plaintiffs, seeking to block completion of the Missouri Basin Power Project in consolidated suits, a...

In a suit by chemical manufacturers challenging certain portions of the Environmental Protection Agency's (EPA's) regulations governing discharges of hazardous substances into navigable waters under §311 of the Federal Water Pollution Control Act, the court grants summary judgment for plaintiffs af...

Affirming the lower court, the Fourth Circuit Court of Appeals holds that a corporation which reports oil spills to the Coast Guard pursuant to §311(b)(5) of the Federal Water Pollution Control Act is not entitled to the Fifth Amendment privilege against self-incrimination in a subsequent prosecuti...

In an action for a civil penalty and cleanup costs resulting from an oil spill, the court awards cleanup costs of $53,360.67 to the United States pursuant to §311 of the Federal Water Pollution Control Act. Defendant was a contributing cause of the spill because he failed to take reasonable precaut...

The court vacates a preliminary injunction after finding reasonable the Forest Service's decision not to prepare an environmental impact statement (EIS) for a herbicide spray program. In a suit brought by the Michigan Attorney General to block use of the herbicide 2,4,5-T on 73 acres in the Ottawa N...