The court, having previously ruled, 12 ELR 20682, that defendants filled in wetlands of the East Everglades, Florida without a permit in violation of §404 of the Federal Water Pollution Control Act (FWPCA), now orders defendants to restore the illegally filled sites. Initially, the court finds that...
The court rules that it lacks jurisdiction to impose hazardous waste cleanup injunctions on Johns-Manville while the company is protected by the automatic stay provision of the federal bankruptcy law. The court finds that the relief requested by the United States and New Hampshire would require John...
Affirming the Eighth Circuit, 11 ELR 20846, the Supreme Court rules that North Dakota may not revoke its consent to the United States' acquisition of waterfowl production areas within the state under the Migratory Bird Hunting Stamp Act with funds from the Wetlands Act of 1961 (Loan Act). The Stamp ...
The Second Circuit affirms the district court decisions, 12 ELR 20519 and 20742, that the Federal Highway Administration (FHwA) and the Army Corps of Engineers violated the National Environmental Policy Act (NEPA) and that the Corps violated the Federal Water Pollution Control Act (FWPCA) in approvi...
The court affirms the district court's dismissal, 13 ELR 20519, of certain claims under the Federal Aid Highway Act, the National Environmental Policy Act (NEPA), and the Clean Air Act in a challenge to the Westway highway project in New York. The court affirms the dismissal of the Highway Act and N...
The court enjoins the Federal Highway Administration (FHwA) and the Pennsylvania Department of Transportation from proceeding with construction or funding of 16.9 miles of the proposed Blue Route highway in Pennsylvania, finding that FHwA violated the National Environmental Policy Act (NEPA) and §4...
The court finds that plaintiffs are entitled to attorney fees under §204(a) of the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412, for their successful National Environmental Policy Act and Federal-Aid Highway Act challenges to construction of Interstate 476, 13 ELR 20349. First, the court ho...
The Third Circuit approves a settlement agreement between the steel industry, the Natural Resources Defense Council, and the Environmental Protection Agency (EPA) resolving lawsuits over Federal Water Pollution Control Act effluent limitations for the iron and steel manufacturing point source catego...
The court denies preliminary injunctive relief under the Endangered Species Act (ESA) and other environmental statutes against the Florida Game and Fresh Water Fish Commission's proposed four-day deer hunt to alleviate overcrowding in Florida State Conservation Area 3A. Initially, the court rules th...
The court upholds the issuance of an ex parte administrative warrant pursuant to §3013(d) of the Resource Conservation and Recovery Act (RCRA) authorizing the Environmental Protection Agency (EPA) to enter a hazardous waste disposal facility to test for hazardous waste pollution. Ruling on the moti...