On remand from the Fifth Circuit, the court orders the defendant developer, which filled wetlands and dredged a number of canals without the required federal permits, to implement within 60 days the restoration plan proposed by the government. The remedial plan, which includes making the canals shal...

The Fifth Circuit denies defendant's motion for emergency interim relief from the district court's restoration order.
Counsel are listed at 7 ELR 20284.
Before Goldberg, Clark & Fay, C.J., full_html...

In an action to compel restoration of a river to its natural course, the court denies defendants' motion for summary judgment for reason that substantial fact questions remain regarding the river's navigability and federal participation in a rechanneling project. The Army Corps of Engineers, acting ...

The court upholds a local ordinance prohibiting the operation of vehicles on Fire Island without a permit and limiting permits to year-round residences insofar as it applies within the town of Islip. Protection of the fragile ecology of Fire Island provides a sufficiently reasonable basis for the or...

The Washington Suburban Sanitary Commission was not required to prepare an environmental effects report under the Maryland Environmental Policy Act before purchasing a tract of land for use as a disposal site for sewage sludge. Acquisition of the land was not a "proposed state action" within the mea...

The court affirms a state agency decision requiring payment of a monetary consideration for issuance of a revocable license to a utility to lay a submarine cable beneath tidal waters. Upon application by appellant, the Natural Resources Council of the Department of Environmental Protection issued a ...

The court preliminarily enjoins the Environmental Protection agency (EPA) Administrator from enforcing the current Nevada air quality implementation plan against a copper smelter for which the state has granted a one-year variance of the plan's continuous emission control requirement. The court rule...

Reversing the district court, the District of Columbia Circuit Court of Appeals holds that the ownership determination of animals under §5 of the Wild, Free-Roaming Horses and Burros Act (the Act), 16 U.S.C. §§1131-1140, ELR 41834, is to be made by federal officials. The Act brings "all unbranded...

The Federal Trade Commission (FTC) must prepare a National Environmental Policy Act (NEPA) impact statement in connection with an enforcement proceeding seeking divestiture of certain pipelines and refining capacity by nine oil companies. The companies have standing to maintain this action under NEP...

Affirming the trial court's grant of plaintiff-appellee's motion for summary judgment, the court rejects alleged state reservation of title in non-meandered lakes within lands held by paper title for more than 30 years by plaintiff development company.
Plaintiff sought a declaratory judgment agains...