The court affirms a district court decision, 12 ELR 20237, that the National Environmental Policy Act is inapplicable to a locally funded roadway project in Rockville, Maryland. The lower court properly determined that the roadway has independent utility apart from a larger circumferential highways ...

The court holds that, for purposes of the Rivers and Harbors Act, the Kankakee River in Illinois and Indiana is a navigable water throughout its entire length. Although the Corps of Engineers had found the river to be nonnavigable above mile 84 in Indiana, the court finds that the evidence of the hi...

The district court rules that the Corps of Engineers, after disclaiming jurisdiction, may subsequently require plaintiffs to obtain a Federal Water Pollution Control Act (FWPCA) §404 permit prior to further placement of fill material on mangrove wetlands. In 1975, the Corps advised plaintiffs that ...

The Tax Court of New Jersey rules that §114(c) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt the state of New Jersey from collecting a spill tax, pursuant to the New Jersey Spill Compensation and Control Act (SCCA), to finance hazardous waste...

The court rules that the diversion of water at a federal flood control and power project is not a discharge of pollutants within the meaning of §313 of the Federal Water Pollution Control Act (FWPCA) requiring federal compliance with state pollution control requirements. The court rules that §313 ...

The court upholds the constitutionality of §518(c) of the Surface Mining Control and Reclamation Act, which requires payment of penalties into escrow prior to an administrative hearing. Relying on an earlier decision, the court rules that §518(c) satisfies the procedural due process requirements o...

The court holds that a statutorily mandated repair of a drainage ditch is not exempt from the environmental impact statement (EIS) requirement of Minnesota's Environmental Protection Act. The state's Environmental Quality Board concluded that the ditch was distinguished by its length of 8.2 miles, t...

The court holds that it lacks jurisdiction under the citizen suit provision of the Federal Water Pollution Control Act (FWPCA) to compel the Environmental Protection Agency (EPA) to issue compliance orders relating to discharges from defendant's disposal pit. Section 505 of the FWPCA authorizes citi...

The court upholds the constitutionality of §518(c) of the Surface Mining Control and Reclamation Act (SMCRA), which requires prepayment of penalties into escrow prior to an evidentiary hearing. Plaintiff's petition for review of the assessed penalties was dismissed for failure to comply with §518(...

The courtupholds the constitutionality of §518(c) of the Surface Mining Control and Reclamation Act (SMCRA), which requires an alleged violator to prepay the proposed civil penalty into escrow prior to obtaining an evidentiary hearing. Initially the court rejects plaintiff's contention that it is e...