The court denies defendants' motions to dismiss an indictment based on the death of migratory waterfowl as a result of the aerial application of a pesticide to farmland. Defendants were charged with misdemeanor violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), for applyi...
The court denies plaintiff's motion for a preliminary injunction to prevent defendants from carrying out experimental research involving recombinant DNA in certain strains of bacteria. Under a prior stipulation, proceedings were stayed until a final environmental impact statement (EIS) was prepared,...
On defendant's motion to clarify an earlier injunctive order requiring preparation of a programmatic environmental impact statement (EIS) on a proposed highway project, the court exempts a five-mile portion of one segment of the highway from the injunction against construction or right-of-way acquis...
The court grants summary judgment for defendants and finds that the decision not to prepare an environmental impact statement (EIS) before consolidating and transferring offices of the Defense Mapping Agency (DMA) to its Brookmont facility does not violate the National Environmental Policy Act (NEPA...
The court upholds an Environmental Protection Agency regulation requiring its regional administrators to include in national pollutant discharge elimination system (NPDES) permits issued under §402 of the Federal Water Pollution Control Act (FWPCA) a condition providing that more stringent toxic po...
The Fourth Circuit vacates a lower court's dismissal of a suit challenging the Army Corps of Engineers' jurisdiction under §§9 and 10 of the Rivers and Harbors Act to require permits for construction activities in Smith Mountain Lake. There is sufficient evidence in the record to support the distr...
The Ninth Circuit reverses a lower court judgment ordering the Environmental Protection Agency (EPA) Administrator to approve a state implementation plan revision and variance relating to constant sulfur dioxide emission controls for a smelter. The district court lacked jurisdiction to entertain thi...
The court issues a preliminary injunction halting the cutting of timber on a designated tract pursuant to a contract between defendants state agency and a private logging corporation. Because the continuance of such activity presents a substantial likelihood of significant adverse environmental effe...
The Washington Supreme Court affirms a trial court's judgment invalidating defendant's rezoning of farm land to permit construction of a major regional shopping center. Adopting the federal standing analysis, the court finds that plaintiff, a nonprofit corporation formed by persons who live near the...
The court upholds a lower court's validation of agreements permitting the private use of public trust lands for railroad facilities and an electric power generating project. The Michigan Department of Natural Resources (DNR) issued to defendant railroad a permit to use more than 40 acres of public t...