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United States v. Cumberland Farms of Conn., Inc.

The court holds that defendant's conversion of wetlands in the Great Cedar Swamp in Massachusetts to agricultural use without obtaining a permit from the Corps of Engineers violated §404 of the Federal Water Pollution Control Act (FWPCA) since defendant's activity did not fall within §404(f)(1)'s ...

United States v. Cumberland Farms of Conn., Inc.

The court orders a defendant in a Federal Water Pollution Control Act §404 enforcement action to perform extensive restoration of wetlands in the Great Cedar Swamp in Massachusetts that it converted to agricultural use without obtaining a permit from the Corps of Engineers, and to pay a substantial...

National Wildlife Fed'n v. Secretary of Health & Human Servs.

The court holds that the Food and Drug Administration's (FDA's) decision not to issue an interim action level or tolerance setting acceptable levels of dioxin contamination for human consumption of Great Lakes fish is supported by substantial evidence and accords with the Federal Food, Drug, and Cos...

Merrell v. Thomas

The court holds that the Environmental Protection Agency (EPA) does not have to comply with the National Environmental Policy Act (NEPA) and prepare an environmental impact statement (EIS) when it registers pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The court h...

Merrell v. Block

The court rules that the Equal Access to Justice Act (EAJA) does not authorize the award of attorney fees to a pro se litigant, but does authorize the award of litigation expenses. The court holds that EAJA's definition of fees, 28 U.S.C. §2412, requires that an attorney have been retained. Section...

Trustees for Alaska v. Hodel

The court rules that the submission of a report to Congress by the Secretary of the Interior (Secretary) under §1002(h) of the Alaska National Interest Lands Conservation Act (ANILCA) requires prior public review and comment under the National Environmental Policy Act (NEPA). The report required un...

International Paper Co. v. Ouellette

The Court rules that the Federal Water Pollution Control Act (FWPCA) preempts state common-law nuisance remedies for interstate water pollution to the extent that an affected state seeks to impose liability under its laws on a point source in another state. The Court first rules that the only state ...

United States v. Engler

The court holds that a defendant prosecuted for selling protected wildlife in violation of the Migratory Bird Treaty Act (MBTA) is not entitled to an entrapment defense as a matter of law, and due process was not violated as a result of either the conduct of government officials during their investi...

McClellan Ecological Seepage Situation v. Weinberger

The court rules that Resource Conservation and Recovery Act (RCRA) §§6001 and 7002 and Federal Water Pollution Control Act (FWPCA) §§313(a) and 505(a) do not waive the United States' sovereign immunity from a citizen suit seeking civil penalties. The court reviews the language of RCRA §6001, th...

National Wildlife Fed'n v. U.S. Forest Serv.

The court dismisses as moot a challenge to timber sales in the Siuslaw National Forest in Oregon since the Forest Service has withdrawn its plan until the completion of the forest plan and the environmental impact statement (EIS). The parties agree that the National Forest Management Act claims and ...