Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

Aminoil U.S.A., Inc. v. California State Water Resources Control Bd.

The Ninth Circuit holds that an action for judicial review of a state agency decision concerning a national pollutant discharge elimination system permit may be neither commenced in nor removed to federal court, notwithstanding the Environmental Protection Agency's (EPA's) alleged involvement in the...

Allain Lebreton Co. v. Department of the Army

The court rejects the appellant's takings claim based on a Corps of Engineers decision to locate a flood control levee so as to leave appellant's wetlands property in its natural state. The refusal to place the levee so as to enclose appellant's property, although foreclosing drainage and developmen...

Nashvillians Against I-440 v. Lewis

The court holds that officials planning the construction of Interstate Highway 440 (I-440) in Nashville, Tennessee, complied with the Department of Transportation Act, the National Historic Preservation Act (NHPA), and the National Environmental Policy Act (NEPA). First, it rejects plaintiffs' claim...

National Wildlife Fed'n v. Cotter Corp.

In an action to enjoin the unpermitted storage of radioactive waste from a uranium mill, the court holds that plaintiffs lack standing to bring a private action to enforce the state Radiation Control Act or Water Quality Control Act. Initially, the court rules that the lower court erred in dismissin...

United States v. Bradshaw

In an action brought by the United States for civil penalties and injunctive relief, the court rules that the discharge of fill material into a wetland adjacent to a navigable waterway without an Army Corps of Engineers permit is a violation of §404 of the Federal Water Pollution Control Act (FWPCA...

United States v. Bradshaw

After ruling, 12 ELR 20629, that by filling a wetland without a Corps of Engineers permit defendant violated §404 of the Federal Water Pollution Control Act, the court orders defendant to undertake the restoration plan submitted by the government. The plan requires the defendant to lower the elevat...

Reliance Ins. Co. v. United States

The court holds that plaintiff insurer may not recover from the government under §311(i) of the Federal Water Pollution Control Act oil spill cleanup costs paid to an insured since the insured's actions were a contributing cause of the spill. Insured caused a discharge of oil into the Alameda Estua...

Manchester Envtl. Coalition v. Stockton

The court rules that plaintiffs have standing under the Environmental Protection Act (EPA) to challenge the state's failure to comply with the Environmental Policy Act. Initially, the court determines that plaintiffs have standing under the EPA to challenge the construction of an industrial park, wh...

Southeast Alaska Conservation Council, Inc. v. Watson

The district court rules that the U.S. Forest Service was required to prepare an environmental impact statement (EIS) prior to approving amendments to U.S. Borax's plan of operations for mining activities within the Misty Fjords National Monument. The Forest Service, pursuant to the court's prior ru...