In a challenge to the Corps of Engineers' issuance of a permit authorizing the channelizing and straightening of a stream, the court remands the matter for reconsideration of the environmental effects of the action under the National Environmental Policy Act (NEPA). The court first rules that the Co...
The court refuses to modify an injunction ordering the city of Allen Park to adopt water pollution abatement measures, holding that respect for final judgments and the need to avoid delay outweigh any financial hardship the may cause the city. In 1980, following prolonged litigation, the court order...
In consolidated cases, the Ninth Circuit affirms, as modified for added breadth, two district court injunctions, 13 ELR 20887 and 14 ELR 20225, against the spraying of herbicides in certain federally managed forests in Oregon, and orders that some of the plaintiffs below be awarded attorney fees. Tu...
In a citizen suit under the Federal Water Pollution Control Act (FWPCA), the court holds that retroactive application of a permit is no defense to an alleged failure to obtain a national pollutant discharge elimination system (NPDES) permit. Citizens allege that County Utilities was discharging with...
The court rules that a judgment entry requiring Kovacs to clean up hazardous wastes at the Chem-Dyne Corp. site is dischargeable in bankruptcy. The court rejects the state of Ohio's argument that the judgment directing Kovacs to remove the wastes from the site is nondischargeable since it is neither...
The court declares that a New Hampshire statute that requires transporters of hazardous materials to obtain a license from the state is preempted by the Hazardous Materials Transportation Act (HMTA) and violates the Commerce Clause. The statute requires that anyone who transports hazardous materials...
The court rules that to have standing under the §505 citizen suit provision of the Federal Water Pollution Control Act, a plaintiff must demonstrate a more specific injury-in-fact than mere concern about pollution or residence near a polluter. The court first rules that Congress did not eliminate t...
The court approves a settlement agreement requiring the Army Corps of Engineers to modify its dredge and fill permit regulations under §404 of the Federal Water Pollution Control Act (FWPCA) as they apply in the North Slope Borough, Alaska. Under the agreement, the Corps will not apply the headwate...
The court approves a settlement agreement requiring the Army Corps of Engineers to amend its May 1982 dredge and fill permit regulations under §404 of the Federal Water Pollution Control Act. The settlement requires the Corps to issue a regulatory guidance letter directing district engineers to dev...
The court affirms a district court ruling, 13 ELR 20421, upholding a Corps of Engineers decision under §404 of the Federal Water Pollution Control Act and §10 of the Rivers and Harbors Act denying a permit to fill and develop a tidal wetland in Ocean City, Maryland. The court rules simply that the...