The court holds that the Corps of Engineers' initial determination that plaintiff's activities fell within the Corps' regulatory jurisdiction under §404 of the Federal Water Pollution Control Act is not reviewable until plaintiff exhausts its administrative remedies. In response to a letter from th...

The court rules that the Federal Energy Regulatory Commission (FERC) violated the Federal Power Act (FPA), the Fish and Wildlife Coordination Act (FWCA), the Pacific Northwest Power Planning and Conservation Act (PNPA), and the National Environmental Policy Act (NEPA) by relicensing the Rock Island ...

The court rules that jurisdiction to challenge the Surface Mining Control and Reclamation Act (SMCRA) abandoned mine land reclamation program regulations lies solely with the U.S. District Court for the District of Columbia (D.D.C.). Plaintiff challenges amendments to the regulations nationally appl...

The court rules that the holding in Middlesex County Sewerage Authority v. National Sea Clammers Association, 11 ELR 20684, that the Federal Water Pollution Control Act (FWPCA) confers no private right-of-action outside its citizen suit provision, applies to actions brought under the Federal Tort Cl...

The court holds that the Arizona Groundwater Code (Code), which regulates the use of groundwater by, inter alia, prohibiting increased use in certain areas and encouraging users to convert irrigated land to uses less consumptive of groundwater, causes no taking of private property and otherwise with...

The court affirms in part and reverses in part a district court decision upholding the Secretary of the Interior's approval of Virginia's permanent regulatory program under the Surface Mining Control and Reclamation Act (SMCRA). Initially, the court notes that to pass SMCRA's arbitrary and capriciou...

The court holds that Congress has the power under the Commerce Clause to grant the Corps of Engineers jurisdiction under §404 of the Federal Water Pollution Control Act over Utah Lake, which is located completely within Utah and supports no interstate navigation. The court first notes the general a...

The court approves a consent agreement resolving a citizen enforcement suit under §505 of the Federal Water Pollution Control Act against a municipality for violations of its national pollutant discharge elimination system (NPDES) permit. The decree bars new connections or significant increases in ...

The court reaffirms, in denying a motion for reconsideration, its prior holding that no private cause of action is available under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to recover privately incurred response costs absent prior action under CERCLA. This go...

The court rules that §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes private parties to recover response costs from responsible parties without Environmental Protection Agency (EPA) approval of the response action. Ruling from the bench at the c...