Agreeing with the Third and Seventh Circuits, the Fourth Circuit Court of Appeals rules that the EPA Administrator has authority under §301 of the Federal Water Pollution Control Act Amendments of 1972 to promulgate regulations establishing single-number effluent limitations for existing point sour...

In granting defendants' motion for summary judgment in a suit challenging a Federal Highway Administration (FHwA) order reducing tolls on interstate bridges owned and operated by the Delaware River Port Authority, the court holds that the Authority lacks standing to raise the claim that the FHwA ill...

On remand from the state Supreme Court, 455 Pa. 392, 319 A.2d 871, 4 ELR 20545, the Pennsylvania Commonwealth court determines that the only scheme that can effectively abate another acid mine water breakout from defendant's Mine No. 15 is continued pumping and treatment, and holds that such abateme...

The court grants partial summary judgment to plaintiff and enjoins expenditure of unexpended appropriated funds by the Corps of Engineers for the Catherine Creek Dam project on the ground that appropriations were made prior to the filing of a final environmental impact statement. Whether the dam, to...

The court denies plaintiffs' motion for a preliminary injunction in this suit challenging the adequacy of the Bonneville Power Administration's (BPA) environmental impact statement for a proposed 500 kilowatt transmission line in Washington State and the validity of BPA's route choice for the projec...

The Ninth Circuit holds that federal reclamation laws apply to the Pine Flat Dam in the San Joaquin River Basin and that landowners in the federally-sponsored Kings River project must sell excess lands at ante-project prices in order to receive project irrigation water. The Pine Flat Dam was authori...

Fourteen plaintiffs and intervenors sue under the Marine Mammal Protection Act (MMPA) for a declaratory judgment and injunction against taking of porpoise incidental to tuna fishing. Defendant-intervenor American Tunaboat Association (ATA) is the holder of a general permit issued by defendant Nation...

On the basis of the district court opinion, 398 F. Supp. 685, 6 ELR 20046 (E.D. Ark. 1975), the court of appeals affirms the lower court decision in this challenge to a federally funded cross-town expressway under construction in Little Rock, Arkansas. The district court partially enjoined further c...

The Court of Appeals for the Third Circuit partially vacates and remands for further proceedings a lower court decision, 5 ELR 20207, that enjoined construction of a dam in Pennsylvania pending preparation of an environmental impact statement and compliance with the Watershed Protection and Flood Pr...

Affirming the lower court decision, 5 ELR 20494, the Court holds the doctrine of implied reservation of rights in water applicable to groundwater and finds express support for such a reservation of appurtenant unappropriated water in the Presidential Proclamation that withdrew land to create Devil's...