The court holds that a California fruit fly eradication program is not a major federal action under the National Environmental Policy Act (NEPA), and that plaintiffs lack standing to challenge the program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) or Federal Aviation Admin...

The court rules that portions of defendants' property are wetlands that were filled in violation of the Federal Water Pollution Control Act (FWPCA) and orders partial restoration of the filled areas. The court first rules that plaintiff has met its burden of proving by a preponderance of the evidenc...

The court holds that the state of Tennessee may not require the Tennessee Valley Authority (TVA) to obtain, under §402(b) of the Federal Water Pollution Control Act (FWPCA), a discharge permit for the reconstruction and operation of a dam and flume, since a dam is not a point source and it is not a...

The court rules that §311 of the Federal Water Pollution Control Act (FWPCA) does not authorize a company responsible for an oil spill to subtract cleanup costs voluntarily incurred from the amount it must pay under §311 to reimburse the federal government for the latter's cleanup costs. The court...

The court rules that prior compliance with the National Historic Preservation Act (NHPA) is not prerequisite to a condemnation action. The Army Corps of Engineers condemned appellants' lands, which include sites on the National Register of Historic Places, before complying with the study and consult...

The court holds that the Army Corps of Engineer's revision of its plan for creating artifical crevasses in a Birds Point-New Madrid Floodway levee in case of flood did not violate the National Environmental Policy Act (NEPA) or the Administrative Procedure Act, nor is it barred by estoppel. The cour...

The court rules that the lessor of a site where hazardous substances were released is a potentially liable party under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first rules that the plain language of § 107(a) of CERCLA makes the owner of land on w...

The court denies the government en banc consideration of its earlier opinion, 14 ELR 20365, which set limits on the reach of the Army Corps of Engineers' jurisdiction over wetlands under Federal Water Pollution Control Act §404.
Counsel are listed at 14 ELR 20365, 20366.
Before Merritt, Martin, a...

The court remands in part revised regulations promulgated under the Surface Mining Control and Reclamation Act (SMCRA). The court first notes that SMCRA §526 calls for the court to uphold the regulations unless arbitrary, capricious, or otherwise inconsistent with law. Where, as here, the regulatio...

The court rules that the United States holds federal reserved water rights in favor of national forest wilderness areas. The court rules that the United States holds reserved water rights any time it withdraws lands from the public domain. Although the United States therefore holds reserved rights f...