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United States v. Massachusetts Bay Transp. Auth.

Reversing the district court, the First Circuit Court of Appeals orders that civil penalties be assessed against appellee under §311 of the Federal Water Pollution Control Act for unauthorized discharges of oil into navigable waters. Although §311(a)(7) of the Act does not specifically list munici...

BASF Wyandotte Corp. v. Costle

Following reconsideration by the Environmental Protection Agency (EPA) of two aspects of its final effluent limitations for pesticide manufacturers previously remanded to the Agency, 9 ELR 20609, the First Circuit Court of Appeals grants EPA's motion to dismiss the petitions for review. A recalculat...

Pennsylvania Dep't of Envtl. Resources v. EPA

The Third Circuit Court of Appeals dismisses for lack of jurisdiction consolidated petitions for review of Environmental Protection Agency (EPA) regulations, promulgated under §306 of the Federal Water Pollution Control Act, that deferred establishment of performance standards for closed or abandon...

National Sea Clammers Ass'n v. New York, City of

The Third Circuit Court of Appeals reverses the district court's dismissal of an action seeking relief from injuries to appellants' commercial shellfishing activities allegedly caused by appellees' dumping of sewage sludge into the Atlantic Ocean. The district court first erred in ruling that it lac...

National Wildlife Fed'n v. United States

The court affirms the district court's dismissal, 8 ELR 20651, of a suit in which appellant challenged the adequacy of explanations accompanying the president's proposed 1979 budget reductions for certain national forest programs. Appellant sought mandamus and declaratory relief, arguing that §8(b)...

Greenwich, Town of v. Department of Transp.

The court grants plaintiffs' motion for partial summary judgment in a suit charging defendants with violating an Environmental Protection Agency (EPA) compliance order and appoints an administrator to oversee closure of the antiquated Cos Cob Power Plant by Dec. 31, 1980, in accordance with an amend...

South Dakota v. Andrus

Affirming the district court, 9 ELR 20128, the Eighth Circuit Court of Appeals rules that the Department of the Interior need not prepare an environmental impact statement (EIS) prior to the issuance of a mineral patent. The court first points out that as the issuance of a mineral patent is a minist...

Bartell v. State

In an en banc decision, the Minnesota Supreme Court upholds a decision of a district court affirming an order of the Commissioner of the Department of Natural Resources that denied appellants' request for a retroactive permit authorizing past deposits of fill material into a lake. The court first re...

Save the Bay v. Corps of Eng'rs

The court affirms the ruling of a United States magistrate, to which the case was transferred by the district court, that the issuance by the Corps of Engineers of a permit to construct an outfall pipe from a manufacturing plant is not a major federal action requiring the preparation of an environme...

United States v. Curtis-Nevada Mines, Inc.

The Ninth Circuit Court of Appeals reverses a district court ruling, 6 ELR 20715, that the owner of unpatented mining claims on federal lands has the right to exclude members of the general public from recreational use of the land which does not interfere with mining activities unless they have obta...