The court affirms the lower court decision, 6 ELR 20580, granting summary judgment against a suit to enjoin construction of a West Virginia lake project. The court adopts the lower court reasoning that the Corps of Engineers' environmental impact statement adequately complied with the requirements o...

The court enjoins filling of land below a specified contour line because the land has been periodicaly inundated, supports wetland vegetation, and thus comes within the regulatory scope of the Corps of Engineers. Plaintiff seeks to enjoin filling on the unfilled portion of defendant's 80-acre parcel...

The Army Corps of Engineers' Environmental impact statement for proposed dredge and fill activities adequately complied with the requirements of National Environmental Policy Act. The challenged project requires dredging of various offshore sites, except those designated as traditional shrimping gro...

The court grants defendant's motion for summary judgment in a suit challenging the Transportation Secretary's approval of an application for funds to acquire land for an airport in Illinois. Faced with the need for a new airport to serve the St. Louis metropolitan area, studies were made of Lambert ...

The court stays a preliminary injunction issued by the district court which conditionally allowed tuna fishermen to take porpoise incidental to their fishing, contrary to the Marine Mammal Protection Act (MMPA), until a 1977 permit was issued. The district court abused its discretion by enjoining th...

The court rejects challenges to the adequacy of an environmental impact statement prepared for a proposed mass transit system and denies plaintiffs' request for injunctive relief based on the Department of Transportation Act, the Urban Mass Transportation Act, and the National Historic Preservation ...

Reversing the jury decision awarding damages for negligence, the court holds that evidence regarding sulfur content of the coal burned at defendant's plant was improperly excluded. Appellants pecan farmers sued for crop damages caused by sulfur dioxide emissions from the company's power plant. The t...

Reversing the lower court, 6 ELR 20683, the Fifth Circuit Court of Appeals holds that the criminal prohibitions of the Marine Mammal Protection Act (MMPA) do not reach conduct in the territorial waters of a foreign sovereignty. Defendant, an American citizen, was convicted of capturing dolphins with...

Plaintiff is entitled to an attorney fees award under the Federal Water Pollution Control Act (FWPCA) and the Marine Protection, Research, and Sanctuaries Act (MPRSA) because it constructively satisfied the notice requirements of the citizen suits provisions, which also allow attorney fees awards. I...

The United States brought suit to enjoin defendant from operating a by-product coke production facility in Chicago, claiming that the plant was in violation of the Illinois state implementation plan under the Clean Air Act. The district Court refuses to dismiss the case but grants defendant's motion...