The court dismisses claims that the governor of Arizona failed to perform duties mandated by the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) regarding an asbestos waste site. The court holds that it has no juris...

The court rules that the Soil Conservation Service's (SCS's) environmental impact statement (EIS) for the Toltec Reservoir Project in Wyoming inadequately discusses alternatives because it fails to disclose that the present value of the project's costs and benefits was calculated with an artificiall...

The court rules that the Michigan Environmental Protection Act empowers the court to order appellee, who wrongfully cut down trees on private land, to restore the land's natural habitat. The court construes the Act, which protects "air, water or other natural resources or the public trust therein," ...

The court holds constitutional §518(c) of the Surface Mining Control and Reclamation Act (SMCRA), which requires the payment of civil penalties into escrow prior to seeking administrative review. The court rules that the escrow requirement is not a taking of property without due process, as the los...

The court rules that the Army Corps of Engineers' denial of plaintiff's application for a dredge and fill permit without an evidentiary hearing and opportunity for cross-examination of expert witnesses did not deny due process. Initially, the court notes that it must review the Corps' decision based...

The Ninth Circuit partially reverses the district court and upholds all conditions imposed by California on the federal government's appropriation of water for the New Melones Dam project. Relying on the Supreme Court's interpretation in an earlier stage of this litigation, 8 ELR 20593, of the 1902 ...

The Eleventh Circuit affirms the district court's denial, 13 ELR 20045, of a preliminary injunction against unpermitted dredge and fill activities allegedly in violation of §§301 and 404 of the Federal Water Pollution Control Act. Initially, the court notes that any preliminary injunctive relief g...

The court rules that a township and its zoning board may not exclude a sanitary landfill absent a showing that protection of the public health and welfare requires the exclusion. The court first holds that the Lower Providence Township and its zoning board cannot require a zoning permit applicant to...

The court holds that unpermitted fill activity in a marsh wetlands violates §301(a) of the Federal Water Pollution Control Act (FWPCA), and orders defendant to pay a civil penalty and to restore a portion of the filled area. The court declines to rule on whether defendant's actions violated the Riv...

The court rejects plaintiff's request for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412, in its action under the Alaska National Interest Lands Conservation Act (ANILCA) to reverse the government's approval of U.S. Borax's (the company's) bulk sampling plan for Misty F...