In a declaratory judgment, the court finds that Indian fishing rights along Catherine Creek, guaranteed by an 1855 treaty, will be illegally nullified by a flood-control dam proposed by the Army Corps of Engineers. Rejecting the government's argument that no treaty fishing rights exists on the relev...

In a suit brought under the Michigan Environmental Protection Act, the state court of appeals affirms a lower court's injunctive decree requiring defendant to adopt a supplemental odor control system capable of achieving within a specified period emission limits set by the court. The trial court cor...

The California Supreme Court affirms a trial court's dismissal of a suit challenging defendant's failure to adopt waste water reclamation techniques and its decision to build a canal and divert water from the lower American River pursuant to a contract with the federal Bureau of Reclamation. Relying...

After first having held the case moot, the Washington Supreme Court on rehearing sustains the trial court's invalidation of fishing regulations promulgated by the state Department of Fisheries. The regulations, adopted pursuant to a federal court order, sought to distribute evenly the state's annual...

The Washington Supreme Court affirms a lower court decision ordering the removal of two houses constructed on lakeshore property adjacent to that owned by plaintiffs and awarding damages as compensation for the temporary reduction in esthetic enjoyment. Plaintiff property owners who were subsequentl...

The court declares unconstitutional certain sections of the Florida Environmental and Water Management Act which delegate to the Administration Commission, composed of the governor and the state cabinet, the discretionary power to designate parts of the state as "areas of critical concern." Pursuant...

On remand from the United States Supreme Court, the Ninth Circuit partially invalidates the Environmental Protection Agency's (EPA's) revised regulations requiring that California establish an automobile inspection and maintenance program. The case is not moot but ripe for decision, at least as to t...

The court denies the Environmental Protection Agency's (EPA's) petition for rehearing in a case in which several aspects of the Agency's disapproval of the Idaho air quality implementation plan were invalidated, but clarifies several points in its earlier opinion, 7 ELR 20681. The court notes that �...

Despite finding that the environmental impact statement (EIS) prepared by defendant failed to comply with the requirements of the National Environmental Policy Act (NEPA), the court denies plaintiff's request for injunctive relief against funding and construction of several sewage treatment faciliti...

The court holds invalid portions of the Environmental Protection Agency (EPA) regulations that adopt the "bubble concept" for determining whether a modification in or addition to an existing plant is subject to new source performance standards under §111 of the Clean Air Act. According to this conc...