Imposing strict liability for a violation of the Migratory Bird Treaty Act, the court affirms the conviction of defendant corporation for killing unintentionally 92 migratory birds. Wastewater from the corporation's pesticide plant was stored in a large open pond that attracted waterfowl during migr...

The court dismisses, for lack of subject matter jurisdiction, a suit seeking declaratory and injunctive relief against the Environmental Protection Agency Administrator's decision to defer implementation of the prevention of significant deterioration (PSD) preconstruction review provisions of §165(...

The court denies defendants' motions to dismiss an indictment based on the death of migratory waterfowl as a result of the aerial application of a pesticide to farmland. Defendants were charged with misdemeanor violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), for applyi...

The court denies plaintiff's motion for a preliminary injunction to prevent defendants from carrying out experimental research involving recombinant DNA in certain strains of bacteria. Under a prior stipulation, proceedings were stayed until a final environmental impact statement (EIS) was prepared,...

On defendant's motion to clarify an earlier injunctive order requiring preparation of a programmatic environmental impact statement (EIS) on a proposed highway project, the court exempts a five-mile portion of one segment of the highway from the injunction against construction or right-of-way acquis...

The court grants summary judgment for defendants and finds that the decision not to prepare an environmental impact statement (EIS) before consolidating and transferring offices of the Defense Mapping Agency (DMA) to its Brookmont facility does not violate the National Environmental Policy Act (NEPA...

The court upholds an Environmental Protection Agency regulation requiring its regional administrators to include in national pollutant discharge elimination system (NPDES) permits issued under §402 of the Federal Water Pollution Control Act (FWPCA) a condition providing that more stringent toxic po...

The Fourth Circuit vacates a lower court's dismissal of a suit challenging the Army Corps of Engineers' jurisdiction under §§9 and 10 of the Rivers and Harbors Act to require permits for construction activities in Smith Mountain Lake. There is sufficient evidence in the record to support the distr...

The Ninth Circuit reverses a lower court judgment ordering the Environmental Protection Agency (EPA) Administrator to approve a state implementation plan revision and variance relating to constant sulfur dioxide emission controls for a smelter. The district court lacked jurisdiction to entertain thi...

The court issues a preliminary injunction halting the cutting of timber on a designated tract pursuant to a contract between defendants state agency and a private logging corporation. Because the continuance of such activity presents a substantial likelihood of significant adverse environmental effe...