After ruling, 12 ELR 20629, that by filling a wetland without a Corps of Engineers permit defendant violated §404 of the Federal Water Pollution Control Act, the court orders defendant to undertake the restoration plan submitted by the government. The plan requires the defendant to lower the elevat...
The court holds that plaintiff insurer may not recover from the government under §311(i) of the Federal Water Pollution Control Act oil spill cleanup costs paid to an insured since the insured's actions were a contributing cause of the spill. Insured caused a discharge of oil into the Alameda Estua...
The court rules that the Corps of Engineers complied with the National Environmental Policy Act (NEPA), the Federal Water Pollution Control Act (FWPCA), and other environmental statutes in issuing a permit for preliminary construction in and near Lake Erie of facilities for a proposed steel mill. Th...
The court rules that plaintiffs have standing under the Environmental Protection Act (EPA) to challenge the state's failure to comply with the Environmental Policy Act. Initially, the court determines that plaintiffs have standing under the EPA to challenge the construction of an industrial park, wh...
The district court rules that the U.S. Forest Service was required to prepare an environmental impact statement (EIS) prior to approving amendments to U.S. Borax's plan of operations for mining activities within the Misty Fjords National Monument. The Forest Service, pursuant to the court's prior ru...
The court rules that certain enforcement provisions of the Surface Mining Control and Reclamation Act (SMCRA) do not violate the Fifth Amendment to the Constitution. Following defendants' failure to comply with both a final order assessing a civil penalty of $3,300 and a cessation order issued for n...
The court holds that the Surface Mining Control and Reclamation Act's (SMCRA's) requirement for payment of an administratively assessed penalty prior to a hearing is constitutional. The requirement is not a denial of due process since the Act affords additional remedies that satisfy the criteria of ...
The court rules that the respondent town's establishment of a sewer district prior to preparation of an environmental impact statement (EIS) violates the State Environmental Quality Review Act (SEQRA). The court upholds the lower court's decision that the establishment of the sewer district might ha...
The Ninth Circuit Court of Appeals affirms the lower court's decision to dissolve an injunction prohibiting acquisition of a right-of-way for the proposed expansion of Interstate Highway 90 between Seattle and Bellevue. The district court took the requisite "hard look" at the record in the case. Eve...
The district court rules that defendants discharged fill material into wetlands of the East Everglades, Florida without a Corps of Engineers permit in violation of §404 of the Federal Water Pollution Control Act (FWPCA). Defendants, despite receiving cease and desist orders from the Corps, proceede...