The court rules that the Corps of Engineers has jurisdiction under §404 of the Federal Water Pollution Control Act over defendants' wetlands property. Although the wetlands is separated from the St. Johns River by a road, the court rules that the property constitutes "adjacent wetlands" within the ...

The court rules that it has jurisdiction under the Administrative Procedure Act (APA) to review Department of Transportation Act, Federal-Aid Highway Act, and National Environmental Policy Act challenges to defendants' decision to build a bridge. The court notes that there is a general presumption i...

The court grants plaintiffs' request pursuant to the Equal Access to Justice Act (EAJA) for attorney fees and costs incurred in their action challenging the proposed spraying of insecticides in two national wildlife refuges in New York. Plaintiffs challenged the Fish and Wildlife Service's issuance ...

The court holds that the Secretary of Transportation's approval of the West Bypass highway project in Lincoln, Nebraska, which involves the taking of land in Wilderness Park, was made in compliance with the Department of Transportation Act (DOTA), the Federal-Aid Highway Act, and the National Enviro...

The court rejects the District of Columbia's request for attorney fees under §304 of the Clean Air Act in a citizen suit in which the District, originally a defendant, successfully moved for realignment as a plaintiff. The court notes that an award of attorney fees under §304 is "appropriate" with...

The court upholds the constitutionality of Congress' delegation to the Army Corps of Engineers of authority to issue dredge and fill permits under §404 of the Federal Water Pollution Control Act. The court rejects appellants' argument that §404 unconstitutionally permits the Corps, a part of the m...

Affirming in part and reversing in part the district court's ruling, 11 ELR 20016, the Ninth Circuit rules that hatchery fish are included in Indian tribes' share of fish apportioned in treaties between the Indians and the state of Washington and that both have a duty to take reasonable steps to pro...

The court rules that defendant is barred by §307(b)(2) of the Clean Air Act from attacking the constitutionality of the emission standard for vinyl chloride in an Environmental Protection Agency (EPA) enforcement proceeding. The court finds that defendant participated in the rulemaking that culmina...

The court holds that an environmental impact statement (EIS) prepared by the General Services Administration (GSA) for the sale of surplus government property in Rhode Island complies in most respects with the National Environmental Policy Act (NEPA) but must be supplemented with information on site...

Under a stipulation and agreement, Deltona Corporation, the state of Florida, and environmental organizations agree that Deltona will convey mangrove wetlands and estuarine properties on Marco Island, Florida, to the state in exchange for state approval to develop designated portions of the island. ...