Jump to Navigation
Jump to Content

Judicial discretion

National Audubon Soc'y v. Department of the Navy

The court upholds a district court decision that the U.S. Navy's environmental impact statement (EIS) for the construction of an aircraft landing field in North Carolina was deficient under the National Environmental Policy Act (NEPA),...

Resource Invs., Inc. v. Corps of Eng'rs

The court holds that the U.S. Army Corps of Engineers lacked authority under Federal Water Pollution Control Act (FWPCA) §404 to require a company to obtain a dredge and fill permit before constructing a solid waste landfill on a...

Hill v. Boy

The court holds that the U.S. Army Corps of Engineers violated the National Environmental Policy Act by failing to consider adequately the environmental impact of a petroleum pipeline that crosses under a proposed reservoir before...

National Mining Ass'n v. Corps of Eng'rs

The court holds that the Tulloch rule's requirement of a Federal Water Pollution Control Act (FWPCA) §404 permit for incidental fallback exceeds the scope of the U.S. Army Corps of Engineers' FWPCA statutory authority. The...

United States v. V-1 Oil Co.

The court holds that warrantless, unannounced inspections by the Federal Railroad Administration (FRA) under the Hazardous Materials Transportation Act (HMTA) do not violate a liquefied gas propane retailer's Fourth Amendment rights....

George Wash. Home Owners Ass'ns v. Widnall

The court denies environmental groups' and local residents' request for a preliminary injunction that would postpone the civilian reuse of Lowry Air Force Base near Denver, Colorado, until the performance of additional studies and...

Alabama-Tombigbee Rivers Coalition v. Department of the Interior

The court affirms a district court injunction against the U.S. Fish and Wildlife Service's use of a scientific report prepared in violation of the Federal Advisory Committee Act (FACA) that supported the listing of the Alabama sturgeon...

Northern Alaska Envtl. Ctr. v. Lujan

The court holds that the district court, in applying the rule of reason, did not abuse its discretion in dissolving an injunction when it held that the environmental impact statements (EISs) produced by the National Park Service (NPS),...