The court denies plaintiff's motion for attorney fees and holds that although §304(d) of the Clean Air Act permits the granting of such fees to a losing party, the equities in this case make such an award inappropriate. The defendant acted with reasonable diligence and good faith in attempting to a...

The court dissolves an injunction against construction previously granted for inadequacy of an interstate highway segment's environmental impact statement. The court, on application by the defendant Volpe, finds that the newly-submitted impact statement complies with the procedural requirements of N...

The environmental impact statement for the proposed Warm Springs Dam in California satisfies the requirements of NEPA since it thoroughly discusses and reveals the potential environmental effects of the project and its alternatives. The court therefore denies plaintiffs' motion for a preliminary inj...

The zone of interests protected under NEPA does not include one hospital suing to enjoin construction of a competing hospital under an aircraft flight path, and plaintiff thus lacks standing to assert a claim under the Act. As a corporation, plaintiff cannot assert an injury to its aesthetic enjoyme...

The court holds that appellee, corporate owner of a shopping mall that joined a Federal Water Pollution Control Act (FWPCA) §505 citizen suit but sought relief only for aesthetic injuries and damages under pendent tort claims, lacked standing and thus is not entitled to attorneys fees and costs und...

In a Federal Water Pollution Control Act (FWPCA) citizen suit seeking civil penalties against defendant for violations of its national pollutant discharge elimination system permit, the court assesses a large civil penalty after ruling that an organization need not identify injured members to have s...

The court rules that the Atomic Energy Act (AEA) preempts a state law injunction requiring the removal of inseparable radioactive and nonradioactive materials in order to alleviate nonradioactive harm. The court first holds that the district court's refusal to grant an injunction ordering the remova...

The court holds that civil penalties assessed against a debtor in possession for postpetition violations of the Surface Mining Control and Reclamation Act are allowable as an administrative expense of preserving the estate under §§57(j) and 64(a) of the old Bankruptcy Act. The court holds that §5...

The court dismisses plaintiff's action to preliminarily enjoin for due process violations: (1) Environmental Protection Agency (EPA) issuance of an administrative monitoring order, pursuant to §3013 of the Resource Conservation and Recovery Act (RCRA) at a hazardous waste landfill; (2) EPA monitori...

The court rules that the five-year statute of limitations in 28 U.S.C. §2462 applies in citizen enforcement suits under the Federal Water Pollution Control Act (FWPCA) and that violations recorded in defendant's discharge monitoring reports (DMRs) are conclusive on the issue of liability except tho...