The court rules that both the United States and the Waterbury Urban Renewal Authority (WURA), a municipal agency, are liable for attorney fees under §305 of the National Historic Preservation Act (NHPA). On a motion of Waterbury Action to Conserve Our Heritage (WATCH), the court permanently enjoine...

The court upholds regulations of the Bureau of Land Management (BLM) requiring right-of-way permit applicants under §304 of the Federal Land Policy and Management Act (FLPMA) to pay the agency's processing costs. It rules that the Secretary of the Interior is authorized to require applicant to reim...

The court affirms the lower court's decision that the County Boundary Review Board's (BRB's) approval of the annexation of a tract of land by the city of Bremerton complied with the environmental impact statement (EIS) requirements of the State Environmental Quality Review Act. The court upholds the...

The district court rules that Connecticut is not entitled to monetary or equitable relief for alleged injuries suffered during defendant's noncompliance with the New York state implementation plan (SIP). Plaintiff brought a citizen suit under the Clean Air Act against defendant Long Island Lighting ...

The court reverses the Illinois Pollution Control Board's (PCB's) denial of an operating permit for a dry roofing felt plant. The court first holds that Rule 103(b)(3) of the Illinois state implemental plan (SIP), which allows permit applicants to certify the continuing validity of previously submit...

The court affirms a district court decision, 12 ELR 20237, that the National Environmental Policy Act is inapplicable to a locally funded roadway project in Rockville, Maryland. The lower court properly determined that the roadway has independent utility apart from a larger circumferential highways ...

The court holds that, for purposes of the Rivers and Harbors Act, the Kankakee River in Illinois and Indiana is a navigable water throughout its entire length. Although the Corps of Engineers had found the river to be nonnavigable above mile 84 in Indiana, the court finds that the evidence of the hi...

The district court rules that the Corps of Engineers, after disclaiming jurisdiction, may subsequently require plaintiffs to obtain a Federal Water Pollution Control Act (FWPCA) §404 permit prior to further placement of fill material on mangrove wetlands. In 1975, the Corps advised plaintiffs that ...

The Tax Court of New Jersey rules that §114(c) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt the state of New Jersey from collecting a spill tax, pursuant to the New Jersey Spill Compensation and Control Act (SCCA), to finance hazardous waste...

The court rules that the diversion of water at a federal flood control and power project is not a discharge of pollutants within the meaning of §313 of the Federal Water Pollution Control Act (FWPCA) requiring federal compliance with state pollution control requirements. The court rules that §313 ...