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United States v. Fort Pierre, City of

The court rules that land that exhibits wetland characteristics only because of unrelated government river maintenance is not within the Corps of Engineers' jurisdiction under Federal Water Pollution Control Act (FWPCA) §404. The court notes that the area in question, though once a side-channel of ...

Forelaws on Bd. v. Johnson

The court holds that the Pacific Northwest Power Planning and Conservation Act's (Regional Act's) short deadlines for offering power contracts do not excuse the Bonneville Power Administration (BPA) from complying with the National Environmental Policy Act (NEPA) in offering contracts; however, the ...

Luckie v. EPA

The court holds that appellants' challenges to the Environmental Protection Agency's (EPA's) alleged violation of nondiscretionary duties to protect them from asbestos wastes on their homesites are moot. Initially, the court rules that the no-visible-emission standard for asbestos set by EPA under �...

Swanson v. United States

The court holds that the Corps of Engineers has jurisdiction to require Rivers and Harbors Act §10 and Federal Water Pollution Control Act §404 permits for construction on lands owned by plaintiffs but inundated by a rise in lake level caused by a Corps dam and subject to a Corps flowage easement....

Proffitt v. Bristol, Township of

The court holds that neither appellant's failure to allege that he gave notice to the requisite parties under the citizen suit provisions of the Federal Water Pollution Control Act and the Resource Conservation and Recovery Act nor the fact that the Environmental Protection Agency (EPA) had issued a...

Louisville & Jefferson County Metro. Sewer Dist. v. Travelers Ins. Co.

The court holds that the "vandalism and malicious mischief" clause in a municipal sewer district's insurance policy covers damage to a sewage treatment plant caused by a third party's illegal dumping of toxic chemicals into a sewer. Applying Kentucky law, the court holds that the clause does not req...

Ramex Mining Corp. v. Watt

The court holds that plaintiffs' proposed mining under lands administered by the Forest Service is governed by the Surface Mining Control and Reclamation Act (SMCRA) and refuses to find a taking. First, the court holds that the mining would take place "on federal lands" under SMCRA §522(e)(2), desp...

Kamp v. Hernandez

The court holds that the Environmental Protection Agency (EPA) correctly approved an Arizona state implementation plan (SIP) provision imposing variable emission limitations on copper smelters. The SIP provision requires smelters to cut their current, varying levels of sulfur dioxide emissions by a ...

Thomas v. Peterson

The court holds that before building a road into the Jersey Jack area of the Nezperce National Forest, the Forest Service must prepare and environmental impact statement (EIS) on the road and associated timber sales and biological assessment under the Endangered Species Act (ESA), but that the agenc...

United States v. Akers

The court temporarily enjoins conversion of a large wetland area to farmland, finding that the activities in controversy fail to fit under any of Federal Water Pollution Control Act (FWPCA) §404's farming exemptions. The court first holds that the government has established a strong likelihood of s...