The court holds that the Endangered Species Scientific Authority's (ESSA's) 1978 guidelines governing bobcat exports violate the Convention on International Trade in Endangered Species of Wild Fauna and Flora by authorizing unreliable findings that the export of bobcats would cause no detriment to t...
The court holds that landclearing operations in wetlands are subject to the dredge and fill permit program of §404 of the Federal Water Pollution Control Act (FWPCA). Plaintiffs sought to enjoin private defendants from clearing certain wetlands for agricultural use, claiming violation of §301(a) o...
In a suit challenging a federal grant for a sewage treatment plant under §§201-217 of the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. §§1281-1297, the court rules that (1) the FWPCA provides no private cause of action against defendants, (2) plaintiff stated a cognizable claim regardi...
Affirming the district court's dismissal of the lawsuit, the Ninth Circuit Court of Appeals holds that injuries to appellants that might arise from enforcemewnt of the Federal Land Policy and Management Act of 1976 (FLPMA) are not sufficiently concrete to give them standing to sue and that provision...
The court rules that the environmental impact statements (EISs) prepared in connection with the expansion of the Felsenthal National Wildlife Refuge complied with the requirements of the National Environmental Policy Act. In 1971, Congress authorized acquisition of the Felsenthal National Wildlife R...
The court holds that alleged violators of Clean Air Act state implementation plans (SIPs) may obtain preenforcement judicial review of Notices of Violation. The notices were based on the Environmental Protection Agency's (EPA's) determination that plaintiffs' loading terminals were not in compliance...
The court rejects a number of challenges under the Federal Land Policy and Management Act (FLPMA), and the National Environmental Policy Act (NEPA) to the construction of an electric transmission line by the Bonneville Power Administration (BPA). The court first upholds the adequacy of the environme...
The court enjoins the Secretary of the Interior from accepting or rejecting bids or issuing leases in connection with certain tracts of Outer Continental Shelf Lease Sale No. 53 off the coast of California. The court finds that plaintiffs are not likely to succeed on the merits with respect to claim...
The court rules that the Solid Waste Management Corporation Act does not constitute an unconstitutional delegation of legislative power and upholds the state Department of Environmental Management's (DEM's) denial of a solid waste disposal permit. The Act requires that a permit be issued in order to...
Justice Rehnquist dissents from the United States Supreme Court's denial of a petition for certiorari in a case in which the Fifth Circuit Court of Appeals held, 10 ELR 20718, barge owners liable for oil spill cleanup costs under §311 of the Federal Water Pollution Control Act on the ground that th...