The court declares unconstitutional, and enjoins enforcement of, numerous provisions of the Surface Mining Control and Reclamation Act (SMCRA). Plaintiffs challenged portions of Title V of the SMCRA regarding mining on prime farmlands, restoration to approximate original contour, topsoiling requirem...

Granting the government's motion for summary judgment, the district court assesses a civil penalty of $26,400 against the corporate owners of a municipal water system for repeated "willful" violations of the Safe Drinking Water Act (SDWA). The court finds that defendants' persistent failure to compl...

The court denies defendant-intervenors' motion to strike exhibits offered by plaintiffs in support of their motion for partial summary judgment in a suit challenging federal approval of uranium mining and milling activities in the San Juan Basin of New Mexico. The exhibits consist of documents prepa...

The District of Columbia Circuit of Appeals upholds the Federal Energy Regulatory Commission's (FERC's) renewal of a license authorizing enlargement of the Ross Dam, a hydroelectric facility on the Skagit River in Washington. After disposing of petitioners' claim that the expiration of the original ...

The court upholds the Environmental Protection Agency's (EPA's) national ambient air quality standards for lead, concluding both that the Administrator acted within the scope of his statutory authority and that the evidence adduced at the rulemaking proceedings supported the final determinations. Re...

A trial judge assesses a $493,500 civil penalty against Dayton Malleable, Inc. (DMI) for five admitted violations of a national pollutant discharge elimination system (NPDES) permit issued pursuant to the Federal Water Pollution Control Act. The company was sued by the state of Ohio for violating §...

The Ninth Circuit Court of Appeals determines that defendants segmentation of an interstate highway project in Washington State, for purposes of analysis under the National Environmental Policy Act (NEPA), was proper and affirms a lower court's denial of injunctive relief against the project. The en...

In an action challenging the State Department's issuance of a permit for a bridge over the Rio Grande, the court grants summary judgment for the government, ruling that the Secretary of State complied with the procedural requirements of the International Bridge Act and that plaintiff lacked standing...

Dismissing plaintiffs' suit for damages, the court finds no implied private cause of action under either the Rivers and Harbors Act or the Surface Mining Control and Reclamation Act (SMCRA) for mining activities conducted prior to its passage. Plaintiffs suffered injuries from a flood allegedly caus...

In affirming the conviction for killing a bald eagle, the Ninth Circuit Court of Appeals holds that the Eagle Protection Act modified Indian treaty rights to prohibit the taking of bald eagles without a permit. The court finds that reasonable conservation statutes affect Indian treaty rights when (1...