Completing the judgment against plaintiffs, the court finds for defendants in the remaining two causes of action in a suit to enjoin the Bureau of Reclamation from proceeding with the initial stage of the Oahe Diversion Unit of the Missouri River Basin Project. Plaintiffs had questioned the adequacy...

The court affirms a lower court's order denying a stay of proceedings in a suit brought by the Illinois Attorney General that seeks to enjoin defendant's Gary, Indiana Works from discharging pollutants into Lake Michigan. The doctrines of primary jurisdiction and exhaustion of administrative remedie...

The court upholds the consitutionality of the Kentucky Wild Rivers Act, but rules that when Kentucky seeks to prohibit activities in areas covered by the Act, a taking of property occurs for which compensation must be paid. The Wild Rivers Act designates eight streams, including the subject Columbia...

The Fifth Circuit denies a motion for attorney fees in a Clean Air Act citizen suit which successfully challenged the EPA Administrator's approval of portions of the Georgia air quality implementation plan An award of attorney fees must be based on a statutory exception to the general prohibition ag...

Section 509 of the Federal Water Pollution Control Act Amendments of 1972 does not provide the court of appeals with jurisdiction to review EPA regulations allowing adjustments in effluent limitations where significant amounts of pollutants are present in a plant's intake water in the absence of act...

The court upholds the charitable deduction taken by land developers for a gift of 9.2 acres of redwoods to the city of Mill Valley, pursuant to a residential development plan, but remands the cause for a determination of the adjusted basis of the property. Taxpayers had bought, for investment purpos...

Judgment for conviction for trespassing is reversed. Defendant crossed an unused, fenced-off portion of a county road easement to enter the Kern River with his kayak. In holding that defendant had the right to use his kayak on the river, the court rules that any stream capable of being used for recr...

The court denies plaintiffs' motion for a preliminary injunction in this NEPA action seeking to enjoin the demolition of a federally subsidized housing project. Plaintiffs contend that defendant, the Department of Housing and Urban Development (HUD), failed to file an environmental impact statement ...

The court grants defendant's motion for summary judgment and dismisses the city's suit for reimbursement of the costs to clean up oil spilled from city-owned tanks. Even though the security facilities were in a state of disrepair when the city acquired the land on which the tanks are located and the...

The court affirms a lower court grant of demurrer to plaintiffs' complaint on the ground that the defendant's rezoning, which substantially reduced the value of plaintiffs' land, does not constitute a compensable taking. Plaintiffs, while acknowledging that an action in inverse condemnation does not...