Consolidating and deciding two cases, the court concludes that the non-consumptive water rights, reserved by the United States, to the natural flow of several streams in two national forests are limited to the amount necessary to accomplish the purposes of timber and watershed protection. Reviewing ...

The court grants plaintiffs' motion for summary judgment in a suit challenging the General Services Administration's (GSA) failure to prepare an environmental impact statement (EIS) in conjunction with an agreement to lease a privately owned building for federal office space. By definition, the five...

Plaintiff's challenge on National Environmental Policy Act (NEPA) grounds to the construction of two rural water supply systems is rejected. The Minnehaha system has been in planning stages since 1971, is currently 98 percent completed, and the evidence shows that the bases of plaintiff's legal chal...

The court denies plaintiff's request for an injunction against construction of three electrical transmission towers in New Haven Harbor. Pursuant to §10 of the Rivers and Harbors Act of 1899, the Corps of Engineers issued a permit for the project after determining that the environmental effects of ...

In consolidated cases seeking declaratory judgments as to the limits of the Corps of Engineers' regulatory jurisdiction over tidal waters on the Pacific Coast, the Ninth Circuit, modifying in part and reversing in part the judgment of the trial court, 5 ELR 20039, rules that (1) under the Rivers and...

On consolidated appeals from orders of the United States District Court for the Western District of Washington issued to enforce its decision in United States v. Washington, 5 ELR 20552, the Ninth Circuit reaffirms the validity of the legal bases of that decision and upholds the district court's sub...

The United States Court of Appeals for the D.C. Circuit reverses a district court's ruling, 5 ELR 20383, that the National Environmental Policy Act (NEPA) requires preparation of an environmental impact statement (EIS) on an annual budget request for operation of the National Wildlife Refuge System....

The court grants injunctive relief under the federal common law of nuisance against the city of Milwaukee because of the risk of interstate injury and lake eutrophication caused by the city's sewage discharges into Lake Michigan. Milwaukee's sewage treatment facilities are inadequate, and often raw ...

Affirming in part and remanding the case on one issue, the court holds that the trial court erred in dismissing for failure to exhaust administrative remedies plaintiffs' claim that issuance of access road construction permits by the Forest Service was a major federal action under the National Envir...

The Supreme Court affirms a New York Court of Appeals ruling, 7 ELR 20579, that the restrictions imposed under New York City's Landmarks Preservation Law on Penn Central's right to construct an office building above Grand Central terminal do not constitute a taking of private property. Justice Brenn...