Although continuing a temporary restraining order solely to allow tuna fisherman plaintiffs to apply for appellate relief, the court denies plaintiffs' motion for a preliminary injunction restraining defendants from enforcing a limitation on the number of marine mammals that may be taken incident to...

Reversing the lower court in a matter of first impression, the court holds that Minnesota has no authority to regulate Corps of Engineers dredging operations in navigable waters within the state. The lower court held that the National Pollutant Discharge Elimination System established by the Federal...

The court denies standing to environmental groups challenging the issuance of a permit under the Marine Mammal Protection Act (MMPA) to import 13,000 seal skins. The Fouke Company was granted the permit by the National Marine Fisheries Service. Plaintiffs challenged the permit application on the gro...

The court holds that the Ohio Attorney General does not possess independent authority to prosecute alleged violations of solid waste disposal laws. Defendant operates a solid waste disposal facility in Garfield Heights, Ohio, licensed under Ohio Rev. Code Ann. ch. 3734, that eventually discharges in...

Affirming the lower court, the Georgia Court of Appeals dismisses plaintiff's action concerning aesthetic injury to property allegedly resulting from construction activities on adjacent property. Plaintiff's original complaint was based on the theory of equitable conversion and alleged indirect inju...

Concluding that the evidence in the record supports the agency's findings, the court affirms an order of the Illinois Pollution Control Board directing petitioner to cease and desist from violating the Illinois Pollution Control Act and imposing a fine of $20,000 for past violations.
Petitioner's l...

The Michigan Environmental Protection Act (MEPA) grants trial courts "broad and unfettered" discretion to award costs and expert witness fees. Plaintiff, an environmental group, sought to rescind a sale of "excess land" by the state highway department to a private corporation. After defendant prevai...

Reversing the lower court, the New Mexico Court of Appeals holds that the Commission need not seek voluntary compliance with its regulations before proceeding against defendant for civil penalties and cleanup costs for alleged past violations. The lower court had granted defendant's motion for summa...

The court grants summary judgment against plaintiffs in a suit to restrain the Department of the Interior from disposing of stored water from the Yellowtail and Boysen Reservoirs, constructed under authority of the 1944 Flood Control Act, for industrial purposes. The court rejects plaintiffs' argume...

The court holds that plaintiffs, who are residents of New Haven, lack standing to bring an action under the Connecticut Environmental Protection Act of 1971 challenging municipal construction of an olympic-size rowing course and other facilities in two city parks. Three-quarters of the nearly 300 ac...