The court concludes that the Corps of Engineers' procedures for testing and evaluation of ocean dumping of dredged material into the New York Bight do not violate the Marine Protection, Research, and Sanctuaries Act of 1972, but the court requires the Corps to prepare a programmatic environmental im...
The Michigan Supreme Court interprets the Watercraft Pollution Control Act (WPCA) to prohibit the discharge of all sewage, whether treated or untreated, from watercraft in Michigan waters. Several federally licensed commercial vessel owners sought to enjoin enforcement of the WPCA in federal court. ...
The Tenth Circuit Court of Appeals rules that Mountain States Legal Foundation, a public interest law firm, and named members of the Colorado State Assembly lack standing to challenge the Environmental Protection Agency's (EPA's) conditional approval of Colorado's state implementation plan (SIP) and...
The court refuses to enforce subpoenas issued by the Environmental Protection Agency (EPA) pursuant to §6 of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. §§135-135k, ELR STAT. & REG. 42301, concerning the possible cancellation of the registration of the herbicides ...
The court reverses appellant's conviction for importation of an endangered species of tortoise, ruling that §9 of the Endangered Species Act is unconstitutionally vague. Section 9(b)(1) of the Act excepts endangered species held in captivity on December 28, 1973 from the general prohibition against...
The court rules that the Federal Highway Administration (FHwA) properly determined that the reconstruction of the Dauphin Island Bridge in Alabama, destroyed by Hurricane Frederic, is not a major federal action requiring preparation of an environmental impact statement (EIS) under the National Envir...
The court grants summary judgment to the United States in a suit for a declaratory judgment that the government's acquisition of a permanent waterfowl easement under §4 of the Migratory Bird Hunting Stamp Act was a valid conveyance notwithstanding potential conflicts with other federal and state st...
The court holds that an environmental impact statement (EIS) concerning a proposed shopping center violates the State Environmental Policy Act (SEPA) by failing to adequately discuss the alternatives to and the socioeconomic effects of the action. Plaintiffs sought judicial review of a county's rezo...
The court concludesthat a claim based on §7003 of the Resource Conservation and Recovery Act (RCRA), the "imminent and substantial endangerment" provision, states a cause of action under the federal common law of nuisance in a suit to remedy groundwater pollution caused by the storage and disposal ...
The court rules that the unappropriated waters of every natural stream within the state of Nebraska may be diverted from one water basin to another, unless such diversion is contrary to the public interest. Appellant had applied to the Department of Water Resources for authority to divert water from...