The Court of Claims holds that the Army Corps of Engineers' denial of dredge and fill permits for completion of a planned residential development on Florida's Marco Island does not constitute a taking under the Fifth Amendment. Plaintiff acquired its Marco Island property in 1964 and received the pe...

The district court holds that plaintiff lacks standing to challenge the Environmental Protection Agency's (EPA's) denial of permission to the city of Miami Beach, Florida, to construct a research project under the Federal Water Pollution control Act (FWPCA) to demonstrate "deep current assimilation"...

The Fourth Circuit Court of Appeals transfers to the District of Columbia Circuit petitions for review of the national pollutant discharge elimination system (NPDES) permit provisions of the Environmental Protection Agency's (EPA's) consolidated permit regulations (CPRs). Because the Federal Water P...

The court holds that an applicant for a dredge and fill permit under §404 of the Federal Water Pollution Control Act is not entitled to an adjudicatory hearing. Section 404 provides that the Corps may issue permits "after notice and opportunity for public hearings." Under similar language in §402 ...

The West Virginia Supreme Court holds that a complaint made by petitioners to the Office of Surface Mining of possible violations of the Surface Mining Control and Reclamation Act, a request made to the Environmental Protection Agency for an adjudicatory hearing under the Federal Water Pollution Con...

The district court denies defendants' motion to postpone until January 1983 implementation of an auto emissions inspection and maintenance program and orders defendants to submit a plan for the immediate implementation of the program by June 1, 1981. The court finds postponement unnecessary because ...

The district court approves, subject to several modifications, defendants' proposed auto emission inspection and maintenance plan. The court rules that operation of the inspection and maintenance program will begin on May 1, 1982, and that defendants must certify 3,000 inspection stations by that da...

The court rules that it has jurisdiction to compel the Environmental Protection Agency (EPA) to determine finally whether Illinois' and Indiana's revised state implementation plans (SIPs) for nonattainment areas comply with the Clean Air Act or, if the plans are disapproved, to order EPA to promulga...

The court dismisses plaintiff's jurisdictional challenge to an Environmental Protection Agency (EPA) enforcement order on grounds of failure to exhaust administrative remedies.EPA ordered plaintiff to cease discharging pollutants into navigable waters and dredging or filling wetlands without obtaini...

The court reverses the district court's ruling, 11 ELR 20166, that only the District Court for the District of Columbia has jurisdiction to hear a challenge to regulations issued under the Surface Mining Control and Reclamation Act (SMCRA) prohibiting mining within 100 feet of any cemetery. Appellan...