The court affirms the trial court's dismissal of a complaint challenging the constitutionality of the creation of the Buffalo National River as a national park and asserting that the public has no prescriptive easement for use of the Buffalo River and its bed. In 1972, Congress established the Buffa...

Granting defendants' motion for summary judgment, the court upholds the Park Service's restrictions on recreational use of the Colorado River running through the Grand Canyon. Due to intensified use of the Colorado River and threatened ecological damage, the Department of the Interior has establishe...

In a case of first impression, the district court holds that a coal slurry pipeline company, as successor in interest to a Homestead Act patentee, has the right to construct and operate a coal slurry pipeline beneath land that is subject to a railroad right-of-way granted by the Pacific Railroad Act...

The court upholds the Corps of Engineers' final decision to begin impounding water behind the B. Everett Jordan Dam in North Carolina after determining that it was not clearly erroneous. The parties agreed that the issue to be tried was whether defendants' impoundment decision was arbitrary, caprici...

In a suit in which the State of Wyoming challenges regulations recently promulgated by the Corps of Engineers and the Environmental Protection Agency under §404 of the Federal Water Pollution Control Act, the court rules that the term "navigable waters" as used in the Act extends the jurisdiction o...

The court vacates its earlier decision, 7 ELR 20701, which dismissed as moot challenges to the Environmental Protection Agency's regulations requiring inclusion of various transportation control measures in state air quality implementation plans under the Clean Air Act. The court remands the vehicle...

The court reverses a lower court's refusal to award attorney fees to plaintiffs who successfully challenged defendants' approval of a proposed subdivision tract map on the grounds that it failed to include a finding that the subdivision was consistent with the city's general plan. Plaintiffs are ent...

The Fourth Circuit Court of Appeals affirms the district court's dismissal for lack of subject matter jurisdiction of petitions for review of the Environmental Protection Agency's regulations governing cooling water intake structures under §316(b) of the Federal Water Pollution Control Act Amendmen...

Affirming the district court's dissolution of an injunction against construction, the court finds that the Corps of Engineers' revised environmental impact statement (EIS) for the Cache River channelization project complies with the National Environmental Policy Act (NEPA). The lower court was "not ...

In a declaratory judgment, the court finds that Indian fishing rights along Catherine Creek, guaranteed by an 1855 treaty, will be illegally nullified by a flood-control dam proposed by the Army Corps of Engineers. Rejecting the government's argument that no treaty fishing rights exists on the relev...