The court denies a motion to vacate an injunction, 8 ELR 20807, prohibiting construction of a reregulating dam, ruling that defendants are bound by res judicata. The court rejects defendants' argument that plaintiffs lack standing to challenge the dam due to the Supreme Court's recent decision that ...

Rejecting procedural challenges to a citizen suit, the court rules that leachate emanating from a landfill constitutes an unauthorized point source discharge in violation of the Federal Water Pollution Control Act (FWPCA) and the Resource Conservation and Recovery Act (RCRA). Initially, the court re...

The district court rules that defendants violated §301(a) of the Federal Water Pollution Control Act (FWPCA) by failing to comply with the construction schedule contained in their national pollutant discharge elimination system (NPDES) permit for the Allen Park segment of a sewer separation project...

The court orders the Army Corps of Engineers to revise a regulation concerning construction in navigable waters promulgated under §10 of the Rivers and Harbors Act. The court also denies the North Dakota State Water Commission's motion to dismiss for lack of subject matter jurisdiction ruling that ...

The District of Columbia Circuit Court of Appeals reverses a district court decision, 11 ELR 21024, ordering the Army Corps of Engineers to revise regulations promulgated under §10 of the Rivers and Harbors Act. The district court found that the Corps had incorrectly interpreted §10 of the Act in ...

In a suit seeking abatement of DDT discharges from a facility in which the pesticide was formerly manufactured, the court dismisses a water pollution claim based on the federal common law of nuisance in light of two recent Supreme Court decisions. The court rejects the United States' argument that t...

The appellate court rules that the trial court erred in its calculation of the number of days that appellant was in violation of its national pollutant discharge elimination system (NPDES) permit but did not abuse its discretion in its determination of the daily amount of the civil penalty imposed u...

Affirming the district court, 11 ELR 20124, the Eighth Circuit Court of Appeals upholds the constitutionality of the Boundary Waters Canoe Area Wilderness Act. Although §4 of the Act prohibits or strictly regulates the use of motorboats and snowmobiles on all lands within the boundaries of the wild...

The Sixth Circuit Court of Appeals reverses the district court's decision, 11 ELR 20041, and rules that appellee is required to exhaust its administrative remedies under §525 of the Surface Mining Control and Reclamation Act (SMCRA) before seeking judicial review under §526 of the Act. Appellee so...

The district court denies plaintiff's motion for a preliminary injunction barring the Air Force from conducting nonnuclear test explosions in Nye County, Nevada, relating to the MX missile system until it complies with the National Environmental Policy Act. Defendants, after completing an environmen...