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Miller v. United States

The court upholds the adequacy of an environmental impact statement (EIS) prepared by the Army Corps of Engineers for a municipal water supply facility. Pursuant to a specific congressional enactment, the Corps studied five potential dam sites and selected the Cypress Creek site as most suitable for...

United States v. Martin

Invoking the doctrine of equitable estoppel, the court refuses to require restoration of a pond built in violation of the Rivers and Harbors Act. With the assistance of the Soil Conservation Service (SCS), defendants built drainage ditches and a pond without obtaining a permit from the Army Corps of...

United States v. Hollywood Marine, Inc.

In an action in which the United States seeks to recover the expenses incurred in cleaning up an oil spill, the court rules that a tugboat is not a "third party" under §311(f) of the Federal Water Pollution Control Act (FWPCA). After a barge owner failed to clean up an oil spill caused when its ves...

Libby Rod & Gun Club v. Moraski

The court denies a motion to vacate an injunction, 8 ELR 20807, prohibiting construction of a reregulating dam, ruling that defendants are bound by res judicata. The court rejects defendants' argument that plaintiffs lack standing to challenge the dam due to the Supreme Court's recent decision that ...

O'Leary v. Moyer's Landfill, Inc.

Rejecting procedural challenges to a citizen suit, the court rules that leachate emanating from a landfill constitutes an unauthorized point source discharge in violation of the Federal Water Pollution Control Act (FWPCA) and the Resource Conservation and Recovery Act (RCRA). Initially, the court re...

Michigan v. Allen Park, City of

The district court rules that defendants violated §301(a) of the Federal Water Pollution Control Act (FWPCA) by failing to comply with the construction schedule contained in their national pollutant discharge elimination system (NPDES) permit for the Allen Park segment of a sewer separation project...

National Wildlife Fed'n v. Alexander

The court orders the Army Corps of Engineers to revise a regulation concerning construction in navigable waters promulgated under §10 of the Rivers and Harbors Act. The court also denies the North Dakota State Water Commission's motion to dismiss for lack of subject matter jurisdiction ruling that ...

National Wildlife Fed'n v. Marsh

The District of Columbia Circuit Court of Appeals reverses a district court decision, 11 ELR 21024, ordering the Army Corps of Engineers to revise regulations promulgated under §10 of the Rivers and Harbors Act. The district court found that the Corps had incorrectly interpreted §10 of the Act in ...

United States v. Olin Corp.

In a suit seeking abatement of DDT discharges from a facility in which the pesticide was formerly manufactured, the court dismisses a water pollution claim based on the federal common law of nuisance in light of two recent Supreme Court decisions. The court rejects the United States' argument that t...

State v. Dayton Malleable, Inc.

The appellate court rules that the trial court erred in its calculation of the number of days that appellant was in violation of its national pollutant discharge elimination system (NPDES) permit but did not abuse its discretion in its determination of the daily amount of the civil penalty imposed u...