The appellate court vacates the district court's summary judgment, 10 ELR 20206, holding that the Department of the Interior may delay preparation of a comprehensive environmental impact statement (CEIS) covering all proposed federal water projects in the Colorado River Basin and remands the case to...

Reversing the trial division's grant of summary judgment, the Court of Claims rules that the Army Corps of Engineers' denial of a permit to construct a pier on a private island may constitute a taking under the Fifth Amendment. Plaintiff, owner of a 160-acre island in the Florida Keys, sought a dred...

The Court of Claims rules that the Army Corps of Engineers' denial of plaintiff's applications for dredge and fill permits for a planned residential community near the Everglades National Park does not constitute a taking of property under the Fifth Amendment. In 1971 plaintiff acquired about 100 ac...

The district court invalidates regulations, 43 C.F.R. §2803.1-1, promulgated by the Secretary of the Interior which require rights-of-way applicants to reimburse the government for all administrative costs incurred in processing their applications because the regulations preclude consideration of t...

The Third Circuit Court of Appeals overturns appellants' convictions under the Federal Water Pollution Control Act for discharging pollutants from mushroom compost manufacturing operations without a permit. Environmental Protection Agency regulations governing its national pollutant discharge elimin...

The court upholds the Environmental Protection Agency's (EPA's) primary and secondary national ambient air quality standards (NAAQS) for ozone. Applying an "arbitrary and capricious" standard of review, the court first rejects all substantive challenges to the final standards. Because the Clean Air ...

Sitting en banc, the circuit court vacates a decision of its panel, 10 ELR 20526, and affirms a district court's ruling, 10 ELR 20208, that the Secretary of the Interior is authorized under the Surface Mining Control and Reclamation Act (SMCRA) to promulgate minimum information requirements for coal...

The district court denies defendants' motion to stay implementation of an auto emissions inspection and maintenance program pending appeal of the court's denial, 11 ELR 20954, of defendants' motion to modify the consent decree. Defendants have not demonstrated (1) a likelihood of success on appeal, ...

The court upholds the California Coastal Commission's denial of appellant's coastal development permit application for a road project that would require the filling of a portion of the Los Penasquitos Lagoon's wetlands, finding the Commission's decision is supported bysubstantial evidence. The propo...

The Ninth Circuit Court of Appeals affirms the Federal Energy Regulatory Commission's (FERC's) finding that petitioner's White River hydroelectric generating project is located on "navigable waters" as defined by §3(8) of the Federal Power Act and rules that the agency's finding of navigability is ...