The court remands the Nebraska Department of Water Resources' issuance of a water appropriations permit to appellee for failure to comply with the Nongame and Endangered Species Conservation Act. Initially, the court determines that appellee's development of the proposed project and the Department's...

Revising a First Circuit decision, 11 ELR 20391, the Supreme Court holds that the Federal Water Pollution Control Act (FWPCA) does not require that discharges of pollutants to the nation's waters without national pollutant discharge elimination system (NPDES) permits be immediately enjoined since th...

The court rules thatthe Nuclear Regulatory Commission (NRC), before authorizing resumption of electric power production at the sister unit to the damaged Three Mile Island nuclear reactor, is required by the National Environmental Policy Act (NEPA) to consider potential harm to the psychological hea...

The court denies a motion by the Environmental Protection Agency (EPA) to modify a consent decree in proceedings pertaining to the issuance of regulations governing toxic pollutants under §301 of the Federal Water Pollution Control Act. It concludes that EPA must be pushed to work harder, consideri...

The court rules that state and local officials cannot be held liable under federal law for a developer's pollution of plaintiff's pond, but that a citizen suit under the Federal Water Pollution Control Act (FWPCA) may proceed against the developer notwithstanding the state's prosecution of an enforc...

The court rules that Federal Aviation Administration (FAA) actions that render a new runway operational are subject to the National Environmental Policy Act (NEPA) even though the FAA approved the runway construction in 1968, prior to NEPA's effective date. Plaintiff city sought a declaratory judgme...

The court affirms respondents' denial of a solid waste permit because of a risk of groundwater pollution that would be contrary to Oregon water pollution statutes. The court rules that the Department of Environmental Quality need not base its actions only on the state's solid waste control statutes ...

The court affirms an order of the state Environmental Hearing Board finding petitioner in violation of state pollution control laws and its solid waste disposal permit and ordering cessation of its landfill operation. The court first rules that the record contains sufficient circumstantial evidence ...

The court rules that a Surface Mining Control and Reclamation Act (SMCRA) provision requiring payment of penalties into escrow prior to seeking administrative review is constitutional. Plaintiff petitioned for review of civil penalties proposed by the Ofice of Surface Mining (OSM) for three operatio...

The court affirms the reversal of an administratively assessed civil penalty on the ground that Kansas statutes pertaining to water supply and sewage do not apply to stream pollution and damage to aquatic life caused by the aerial application of pesticides. The statute invoked by the state applies o...