The court holds that Hawaii's introduction of mouflon sheep into critical habitat of the endangered Palila bird is an unlawful taking under the Endangered Species Act (ESA). The state introduced the sheep into the area for sport hunting, but the sheep feed on trees that provide critical habitat for ...
Defendant Army Corps successful in seeking reversal of district court opinion holding that Corps was limited to consideration of navigation, flood control and hydroelectric potential in issuance of dredge and fill permit. Under the National Environmental Policy Act and the Fish and Wildlife Coordina...
One-half of fines collected earlier by U.S. in action by same name under Refuse Act, 33 U.S.C. §411, awarded to informer. Court has no discretion under §411 not to award one-half total fines imposed, once court determines that informant should be awarded any fraction of the fines. Although plainti...
Plaintiffs, three conservation organizations, were granted a preliminary injunction against the issuance by federal officials under the Mineral Leasing Act of 1920 of right-of-way and special use permits for the construction of an 800-mile-long oil pipeline from Prudhoe Bay to Valdez, Alaska. Defend...
Petitioners' proposal to HEW to recognize the public health hazard of DDT by establishing zero tolerance for it and its residues on raw agricultural commodities pursuant to Food, Drug, and Cosmetic Act, 21 U.S.C. §§301 et seq. (1964) held to contain sufficient data to trigger the statutory mandate...
Secretary of Agriculture's inaction on conservation organizations request for the initiation of proceedings pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§135 et seq., which could result in the proscription of DDT shipment in interstate commerce, did constitute age...
Case remanded and Administrator of Environmental Protection Agency (to whom Secretary of Agriculture's pesticide regulation functions now transferred, 1 ELR 48001) instructed to issue cancellation notices which will trigger formal administrative inquiry into the safety of the remaining registered us...
Case remanded and Administrator of Environmental Protection Agency (to whom Secretary of Agriculture's pesticide regulation functions now transferred, 1 ELR 48001) instructed to reconsider Secretary of Agriculture's earlier decision not to suspend registration of the herbicide 2,4,5-T with respect t...
Preliminary injunction granted barring defendants' further construction of the Cross-Florida Barge Canal pending a final ruling on plaintiffs' contention that canal construction causes irreparable damage to timber and acquatic life and violates the National Environmental Policy Act, the Fish and Wil...
Motion to dismiss criminal information charging New Jersey Manufacturers with the discharge of acids, alkalies and oil into New York Harbor in violation of New York Harbor Act, 33 U.S.C. §441, denied. The statute clearly prohibits the discharge of liquid as well as solid inorganic matter and has no...