Granting defendants' motions to dismiss for failure to state a claim and for lack of jurisdiction, the court upholds enforcement actions taken by the Interior Department's Office of Surface Mining Reclamation and Enforcement (OSM) pursuant to the interim regulatory program under the Surface Mining C...

The Tenth Circuit Court of Appeals holds that the Bureau of Land Management (BLM) has authority to require a private party to pay part of the cost of preparing an environmental impact statement (EIS) in connection with processing an application for a right-of-way over public lands. The court of appe...

In a suit against a pesticide manufacturer and its officers seeking criminal penalties for violations of the Federal Insecticide, Fungicide, and Rodenticide Act and the Mail Fraud Act for failure to submit to the Environmental Protection Agency (EPA) health and safety data relating to the pesticides...

The court strikes down a municipal ordinance banning from a portion of the south fork of the American River all activity other than swimming without the assistance of artificial means. The court finds that although the ordinance had the legitimate aim of eliminating serious problems of litter and ot...

The court holds that a contractor lacked standing to bring a mandamus action against the Environmental Protection Agency (EPA) Regional Administrator regarding federal funding of construction of a municipal waste water treatment plant. The contractor built the plant for the Derry Township Municipal ...

The court denies plaintiffs' request for a temporary restraining order against the Bureau of Land Management's spraying of the herbicide 2,4-D on public forest lands. Noting that there is no direct evidence of health problems associated with the spraying of 2,4-D and that the herbicide does not cont...

In a suit raising numerous challenges to the Secretary of the Interior's regulations establishing a permanent surface mining control program, the court continues a preliminary injunction against enforcement of the August 3, 1979, deadline for submission of state programs, denies industry plaintiffs'...

In a suit raising a challenge under the National Environmental Policy Act to the salinity control program for the Colorado River Basin, the court of appeals affirms, though on separate grounds, the lower court's denial of a motion to intervene by several municipal water districts, 9 ELR 20073. The l...

The court upholds a town conservation commission's denial under a local wetlands protection ordinance of a landowners' application to construct an access road over marshlands to a proposed residential subdivision. Plaintiffs claim, inter alia, that the denial constitutes an uncompensated taking of p...

The court issues a declaratory judgment resolving conflicting claims to the waters of the Williamson River by parties with interests in lands formerly part of or adjoining the Klamath Indian Reservation established by treaty in 1864. Although the reservation has now been terminated, members of the K...