The court rules that the Corps of Engineers' denial of a Federal Water Pollution Control Act §404 permit to fill a borrow pit was arbitrary and capricious and amounted to a taking of property without compensation. The pit in question is connected by a ditch to a tidal creek and contains subtidal la...

The court rules that the Gateway National Recreation Area Act compels the Secretary of the Interior to include unused portions of Fort Wadsworth on Staten Island in the recreation area, and that the Army complied with both the Gateway Act and the National Environmental Policy Act (NEPA) when it tran...

The court holds that the state Natural Resources Council may add conditions to an after-the-fact floodplain construction permit to protect the stream and associated wildlife. The lower court had held that the Council's only remedy was to seek abatement of the construction. First, the court determine...

The court rules that two state regulations aimed at controlling fugitive dust emissions from roads are unconstitutional. The first regulation, requiring a road owner to take reasonable precautions to prevent generation of dust, is unconstitutionally vague because persons of common intelligence would...

The court enjoins the Secretary of the Interior from issuing coal leases that the House Committee on the Interior had requested he withhold under §204(e) of the Federal Land Management and Policy Act and parallel Interior Department regulations. The court first holds that Rep. Udall, chairman of th...

The court enlarges upon its reasons for issuing a preliminary injunction, 14 ELR 20043, enforcing §204(e) of the Federal Land Policy and Management Act and parallel Interior Department regulations allowing the House Committee on the Interior to withdraw lands from coal leasing.
Counsel are listed ...

The court rules that the Environmental Protection Agency (EPA) complied with the National Environmental Policy Act and the Federal Water Pollution Control Act in issuing construction grants for the expansion of a sewage treatment system without preparing an environmental impact statement (EIS). The ...

The court rules that defendants violated the Rivers and Harbors Act and the Federal Water Pollution Control Act (FWPCA) by filling a wetland area without a permit from the Army Corps of Engineers and orders restoration of the filled area. The court rules that the area in question was a part of the w...

The court rules that the Bureau of Land Management's (BLM's) environmental assessment (EA) of its Oregon herbicide spraying program is deficient under the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations for failure to do a "worst-case" analysis. The court rule...

The Court rules that collateral estoppel bars the United States from arguing in the Sixth Circuit that the Clean Air Act authorizes the Environmental Protection Agency to use private inspectors when the United States had already argued and lost the issue against the same defendant in the Tenth Circu...