The court grants a motion to dismiss a challenge to point source effluent guidelines for the meat product industry. The court finds that the requirement in §509(b) of the Federal Water Pollution Control Act for petitions to be submitted within 90 days after promulgation of guidelines can only be wa...

The district court grants defendant's motion to dismiss plaintiffs' action to compel the Secretary of the Army to remedy erosion caused by federal harbor structures occurring along the Indiana Dunes National Lakeshore. The court has jurisdiction to issue a writ of mandamus to compel a federal offici...

The court holds that the New York State Constitution does not prohibit the Adirondack Park Agency from promulgating a rule restricting seaplane operations on lakes surrounded by state-owned land within the Park. Plaintiffs' claim that various forest uses allowed by the Department of Environmental Co...

The Secretary of the Interior is ordered to halt construction of a 23-megawatt power plant at the Navajo Dam on New Mexico's San Juan River pending receipt of congressional authorization and compliance with the National Environmental Policy Act (NEPA) and the Fish and Wildlife Coordination Act (FWCA...

The court upholds the Secretary of Agriculture's decision to ban the use of snowmobiles in the Boundary Waters Canoe Area (BWCA), the second largest unit in the National Wilderness Preservation System, and the Forest Service Chief's discretionary authority to permit or prohibit snowmobiling in the B...

The court refuses to issue a writ of mandamus, but it affirms the authority of the Washington Department of Fisheries to regulate salmon fishing among Indian and non-Indian fishermen. Relying on statutory construction, the court finds that the Department has authority to regulate fishing for conserv...

The General Services Administration was required to file an environmental impact statement (EIS) at the time it submitted a prospectus for leasing a new federal office building for approval by two congressional committees. The court declines to remand the case for a decree of injunctive relief, howe...

Rubber and chemical companies may intervene as of right in district court proceedings involving implementation of a settlement agreement requiring promulgation of industry-by-industry based effluent guidelines for the discharge of toxic substances. The lower court abused its discretion in holding th...

Reversing a panel decision, 7 ELR 20101, the Second Circuit Court of Appeals, sitting en banc, denies a petition for review of a Federal Power Commission (FPC) order denying an award of attorney fees to intervenors in a proceeding concerning the construction of an electrical transmission line. The c...

In its third decision on the fishing rights of Washington's Puyallup Tribe, the Supreme Court holds that the tribe's right to the steelhead anadromous fish within the reservation is not exclusive and is subject to state regulation for conservation purposes. While continuing to affirm the sovereignty...