Case remanded and Administrator of Environmental Protection Agency (to whom Secretary of Agriculture's pesticide regulation functions now transferred, 1 ELR 48001) instructed to reconsider Secretary of Agriculture's earlier decision not to suspend registration of the herbicide 2,4,5-T with respect t...

Preliminary injunction granted barring defendants' further construction of the Cross-Florida Barge Canal pending a final ruling on plaintiffs' contention that canal construction causes irreparable damage to timber and acquatic life and violates the National Environmental Policy Act, the Fish and Wil...

Motion to dismiss criminal information charging New Jersey Manufacturers with the discharge of acids, alkalies and oil into New York Harbor in violation of New York Harbor Act, 33 U.S.C. §441, denied. The statute clearly prohibits the discharge of liquid as well as solid inorganic matter and has no...

Petition for the establishment of a drainage district that would allow drainage of marshland for dairy farming denied, because the establishment of the district would impinge upon riparian rights of landowners within and below the district, including the Everglades National Park, and would be contra...

State law regulating the removal, filling and dredging of marshes, swamps, meadows, banks and flats bordering on coastal areas does not preempt local zoning bylaw which also protects town's coastal area. State agency, pursuant to state law, had approved plaintiff's plan to dredge a tidal marsh on hi...

Actions under the Refuse Act by conservation group for injunctive and mandatory relief and for a portion of any fine levied dismissed in joint opinion of the three federal judicial districts of Alabama. Plaintiff cannot maintain this action against corporate defendants for a portion of the fine, bec...

Plaintiffs obtained injunctive relief based upon the failure of the Chief of the Army Corps of Engineers and the Secretary of the Army to comply with the National Environmental Policy Act (NEPA) §§102(2)(C) and 102(2)(D) prior to their decision to execute contracts for the construction of an earth...

Action under the Refuse Act by conservation groups for injunctive and mandatory relief and for a portion of any fine levied is dismissed. Qui tam actions are allowed only where statutory authority for them is express or can be implied. The Rivers and Harbors Act of 1899 does not expressly authorize ...

District court's preliminary injunction against timbering, road construction and prospecting for coal in the Otter Creek drainage of the Monongahela National Forest affirmed on appeal brought by federal defendant Forest Supervisor. Allegations of harm to aesthetic, conservational and recreational va...

Zoning regulations that so restrict the private use of tidal marshlands as to substantially reduce their value but do not provide for compensation constitute an unreasonable and confiscatory exercise of the police power in violation of the Fifth and Fourteenth Amendments to the U.S. Constitution and...