The court rules that Federal Aviation Administration (FAA) actions that render a new runway operational are subject to the National Environmental Policy Act (NEPA) even though the FAA approved the runway construction in 1968, prior to NEPA's effective date. Plaintiff city sought a declaratory judgme...

The court affirms respondents' denial of a solid waste permit because of a risk of groundwater pollution that would be contrary to Oregon water pollution statutes. The court rules that the Department of Environmental Quality need not base its actions only on the state's solid waste control statutes ...

The court affirms an order of the state Environmental Hearing Board finding petitioner in violation of state pollution control laws and its solid waste disposal permit and ordering cessation of its landfill operation. The court first rules that the record contains sufficient circumstantial evidence ...

The court rules that a Surface Mining Control and Reclamation Act (SMCRA) provision requiring payment of penalties into escrow prior to seeking administrative review is constitutional. Plaintiff petitioned for review of civil penalties proposed by the Ofice of Surface Mining (OSM) for three operatio...

The court affirms the reversal of an administratively assessed civil penalty on the ground that Kansas statutes pertaining to water supply and sewage do not apply to stream pollution and damage to aquatic life caused by the aerial application of pesticides. The statute invoked by the state applies o...

The Ninth Circuit holds that an action for judicial review of a state agency decision concerning a national pollutant discharge elimination system permit may be neither commenced in nor removed to federal court, notwithstanding the Environmental Protection Agency's (EPA's) alleged involvement in the...

The court rejects the appellant's takings claim based on a Corps of Engineers decision to locate a flood control levee so as to leave appellant's wetlands property in its natural state. The refusal to place the levee so as to enclose appellant's property, although foreclosing drainage and developmen...

The court holds that officials planning the construction of Interstate Highway 440 (I-440) in Nashville, Tennessee, complied with the Department of Transportation Act, the National Historic Preservation Act (NHPA), and the National Environmental Policy Act (NEPA). First, it rejects plaintiffs' claim...

In an action to enjoin the unpermitted storage of radioactive waste from a uranium mill, the court holds that plaintiffs lack standing to bring a private action to enforce the state Radiation Control Act or Water Quality Control Act. Initially, the court rules that the lower court erred in dismissin...

In an action brought by the United States for civil penalties and injunctive relief, the court rules that the discharge of fill material into a wetland adjacent to a navigable waterway without an Army Corps of Engineers permit is a violation of §404 of the Federal Water Pollution Control Act (FWPCA...