A suit by the United States to enjoin discharges in violation of the 1899 Rivers and Harbors Act, ELR 41141, does not render moot an earlier citizen suit against the Environmental Protection Agency (EPA) to compel enforcement of the Federal Water Pollution Control Act, ELR 41116, by issuing a compli...

On direct appeal, the court holds that the Federal Power Commission (FPC) is not required to file an environmental impact statement (EIS) on an interim natural gas curtailment plan because circumstances have not so changed as to render invalid the FPC's decision that compliance with the National Env...

The court holds, among other things, that a hazardous waste facility owner/operator's statements that the facility has voluntarily stopped its hazardous waste treatment operations are insufficient to render moot an Environmental Protection Agency (EPA) enforcement action seeking injunctive relief un...

The court holds that the National Environmental Policy Act (NEPA) generally does not conflict with the 1984 Department of Defense (DOD) Authorization Act, and thus in basing the MX missile the Air Force must fully comply with NEPA to the extent it exercises discretion in choosing among deployment op...

The court upholds a district court decision awarding attorney fees under the Equal Access to Justice Act (EAJA) to an environmental group that successfully prevented the Army Corps of Engineers from constructing a port facility and causeway on Sears Island, Maine. The court first holds that the dist...

The court holds that a petroleum company may not recover cleanup costs from the government under Federal Water Pollution Control Act (FWPCA) §311(i)(1) for an oil spill into a creek caused by the rupture of an oil pipeline during a flood, since the petroleum company did not exercise reasonable care...

The court holds that the automatic stay provision of the Bankruptcy Code, 11 U.S.C. §362(a)(1), does not entitle a debtor in possession to an automatic stay of Environmental Protection Agency (EPA) litigation to obtain injunctive relief, response costs, punitive damages, and civil penalties under t...

The court rules that where the Corps of Engineers' assertion of jurisdiction pursuant to §404 of the Federal Water Pollution Control Act is challenged in an action against the Corps or in an enforcement action brought by the Corps, the jurisdictional question shall be determined by the trial court ...

The court holds that the Bureau of Land Management (BLM), in its preparation of an environmental impact statement (EIS) and management framework plan (MFP) for livestock grazing in the Reno, Nevada, area, did not violate the National Environmental Policy Act (NEPA), the Federal Land Policy and Manag...

The court makes various procedural rulings in an action by the state of Missouri seeking recovery of response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the common law of public nuisance for the improper disposal of hazardous wastes in Times Be...