The court rules that the holding in Middlesex County Sewerage Authority v. National Sea Clammers Association, 11 ELR 20684, that the Federal Water Pollution Control Act (FWPCA) confers no private right-of-action outside its citizen suit provision, applies to actions brought under the Federal Tort Cl...

The court holds that the Arizona Groundwater Code (Code), which regulates the use of groundwater by, inter alia, prohibiting increased use in certain areas and encouraging users to convert irrigated land to uses less consumptive of groundwater, causes no taking of private property and otherwise with...

The court affirms in part and reverses in part a district court decision upholding the Secretary of the Interior's approval of Virginia's permanent regulatory program under the Surface Mining Control and Reclamation Act (SMCRA). Initially, the court notes that to pass SMCRA's arbitrary and capriciou...

The court holds that Congress has the power under the Commerce Clause to grant the Corps of Engineers jurisdiction under §404 of the Federal Water Pollution Control Act over Utah Lake, which is located completely within Utah and supports no interstate navigation. The court first notes the general a...

The court approves a consent agreement resolving a citizen enforcement suit under §505 of the Federal Water Pollution Control Act against a municipality for violations of its national pollutant discharge elimination system (NPDES) permit. The decree bars new connections or significant increases in ...

The court reaffirms, in denying a motion for reconsideration, its prior holding that no private cause of action is available under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to recover privately incurred response costs absent prior action under CERCLA. This go...

The court rules that §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes private parties to recover response costs from responsible parties without Environmental Protection Agency (EPA) approval of the response action. Ruling from the bench at the c...

The court holds that the Army Corps of Engineers acted reasonably in deciding not to prepare an environmental impact statement (EIS) before issuing permits under Federal Water Pollution Control Act §404 and Rivers and Harbors Act §10 for the installation of intake and outfall pipes and a barge unl...

The court rules that the Environmental Protection Agency (EPA) erred in partially approving a 1974 Indiana state implementation plan (SIP) revision with the effect of making the SIP provision significantly more stringent than the state intended. Initially the court rules that the legality of EPA's 1...

The court rules that the Secretary of the Interior did not abuse his discretion in deciding to devote all water from a reclamation project to the conservation of endangered species. The court vacates the district court's holding on the Secretary's obligation to obtain reimbursement of project costs ...