The court grants a motion by two environmental groups to intervene as plaintiffs in an enforcement action against a pulp mill for violating applicable discharge limitations. Section 505(b)(1)(B) of the Federal Water Pollution Control Act Amendments of 1972 allows "any citizen" to intervene in such a...

Over the objections of intervening environmental groups, the court approves and enters a consent decree in a Federal Water Pollution Control Act (FWPCA) enforcement action regarding effluent discharges from a pulp plant. Once parties intervening as a matter of right under §505(b)(1)(B) of the Act h...

The Supreme Court vacates and remands decisions of the Fourth, Ninth, and D.C. Circuits which invalidated Environmental Protection Agency (EPA) regulations requiring states to implement and enforce EPA-promulgated transportation control plans as part of their air quality implementation plans or face...

The Ninth Circuit affirms application of the reclamation laws' restrictions on sales of excess lands and access to irrigation water in the columbia Basin Project. Appellants, owners of land within the project, sought a judicial declaration of their right to sell land in excess of the 160-acre limit ...

The court affirms the trial court's conclusion that equitable relief for a National Environmental Policy Act violation cannot be granted once a Soil Conservation Service project to reconstruct a coastal sand dune has been completed. The environmental impact statement for the project made no mention ...

In a decision construing the Maine Site Location of Development Law, ELR 43027, the court denies an appeal against a decision of the Board of Environmental Protection approving, with conditions, an application concerning a proposed residential subdivision. The conditional approval required several m...

The court dismisses a Clean Air Act suit against the state of Nevada and private developers for lack of federal jurisdiction to review state administrative enforcement actions. Plaintiffs alleged that the proposed private construction project, to which the Nevada agency had issued permits, would vio...

Reversing the trial court, the Ohio Court of Appeals for Ashtabula County upholds against various constitutional challenges the Ohio air pollution statutes authorizing promulgation of air quality standards. The lower court granted defendants' motion to quash criminal affidavits charging them with vi...

The court grants defendants' motion for summary judgment in a National Environmental Policy Act (NEPA) suit seeking declaratory and injunctive relief to prohibit removal of certain housing units as part of the relocation of a Coast Guard air station. Employing the "reasonableness" standard of review...

A dredging operation must obtain a Corps of Engineers permit to install tidal floodgates in a tidal marsh despite the issuance of a state permit for the installation. Appellant sued to prevent enforcement of two cease and desist orders directed against its extending a ditch near the Delaware River. ...