Trial court's dismissal of appeal from Connecticut Water Resources Commission's grant of a permit to erect a pier into Long Island Sound set aside and a new trial ordered. The trial court's refusal to admit evidence outside the record of the ex parte administrative proceedings was error, because the...

This suit involves conflicting claims between Utah and the United States to the shorelands around the Great Salt Lake. The Special Master appointed by the Court found that at the date of Utah's admission to the Union, the Lake was navigable and that the lake bed passed to Utah at that time. These fi...

Venue in the U.S. District Court (D. Md.) does not lie for an action to enjoin the Secretary of Agriculture from permitting road construction, prospecting or mining in the Challis National Forest by a corporation which owns mineral rights within the forest. The suit is against the Secretary in his o...

Plaintiffs' suit for violation of §13 of the Rivers and Harbors Act of 1899, 33 U.S.C. §407, is dismissed on defendants' motion because the Act does not expressly permit a person seeking the informer's fees to maintain a qui tam action for violation of the statute. Plaintiffs' request for injuncti...

Secretary of Interior may validly impose 25 cents per-acre rental fee as condition to issuance of prospecting permit on federally owned sulphur lands despite fact that lease application was filed before fee announced or contemplated. Secretary has both statutory authority and authority implied by hi...

The provision of the federal Department of Transportation Act, designed to protect parklands, recreational areas, wildlife refuges and historic sites, originally effective April 1, 1967, is not applicable to a federal aid highway for which "contract drawings" were approved by DOT on Nov. 18, 1966. F...

Plaintiffs' action alleging injury to riparian rights by upstream industrial polluters is dismissed for lack of subject matter jurisdiction because the Rivers and Harbors Act of 1899, 33 U.S.C. §407, does not create a federal cause of action to protect a private right unrelated to navigation or anc...

Plaintiff landowners granted a preliminary injunction barring further court condemnation proceedings in which their land is sought for use as the site for a sewage disposal plant for the city of Lufkin, Texas. Defendant Ruckelshaus is enjoined, pending the outcome of the suit, from committing federa...

Motion to dismiss an action brought by information for dumping refuse in navigable waters denied. Willfullness and obstruction of navigation are not essential elements for a cause of action under the Refuse Act, 33 U.S.C. §407. Compliance with a water standard set up under the Water Pollution Contr...

County Road Commissioners are ordered to remove road fill from a pond situated between lands of plaintiff and adjacent landowner and to restore the three-to-four-acre inland pond to its preexisting freshwater condition. Notwithstanding the fact that the road fill traverses only a part of the pond su...