Denying defendant's motion to dismiss a suit challenging its operation of a landfill, the court rules that both the United States and the city of Dallas have an implied right of action to enforce §14 of the Rivers and Harbors Act. This conclusion is mandated by application of the four-part test set...
The court holds that county agencies that have been delegated responsibility pursuant to §208 of the Clean Water Act for developing regional waste water treatment plans are not acting under federal authority for purposes of removal under 28 U.S.C. §1442(a)(1). Plaintiffs, including the Denver Wate...
The Tenth Circuit Court of Appeals rejects a number of specific challenges to the Environmental Protection Agency's (EPA's) effluent limitations for the mining industry. A petitioner that did not participate in the rulemaking is not barred from seeking review of particular issues that were raised by...
The district court rules that the defendant Corps of Engineers violated the National Environmental Policy Act (NEPA) in two respects in issuing a permit to construct a shopping mall in a wetland area but declines to enjoin continued work on the project. The court first rejects the argument that beca...
The Ninth Circuit Court of Appeals invalidates as arbitrary and capricious an Environmental Protection Agency (EPA) order requiring the installation of a sampling station in the tall stack of a copper smelter in Hayden, Arizona. The court of appeals first rules that the district court improperly con...
The district court dismisses, for failure to state a claim on which relief can be granted, a suit seeking principally to remedy the alleged failure of the Administrator of the Environmental Protection Agency (EPA) to prevent emissions of air pollutants in New Jersey and New York from interfering wit...
The Second Circuit Court of Appeals affirms the district court's dismissal, 10 ELR 20438, of a suit challenging the Environmental Protection Agency's (EPA's) allegedly inadequate control of air pollution moving from New York and New Jersey into Connecticut. Rejecting appellants' claim that the EPA A...
The Supreme Court holds that the Carey Act of 1894 neither reserves a specific acreage of public domain desert land for any state nor automatically obligates the Secretary of the Interior to grant specific lands chosen by a state. In order to aid states in the reclamation of desert land, the Carey A...
Reversing the district court, 9 ELR 20032, the Fourth Circuit Court of Appeals determines that the construction of a diked disposal area for dredge spoils does not require congressional authorization pursuant to §9 of the Rivers and Harbors Act but may instead be authorized by the Corps of Engineer...
The court holds that the 1964 amendments to the Wildlife Refuge Revenue Sharing Act, 16 U.S.C. §715s, which governs the distribution of revenue from federal leases on public lands within the National Wildlife Refuge System, apply only to acquired, not to reserved, refuge lands. The Mineral Leasing ...