The court holds that it may not weigh national security factors against environmental factors in deciding whether to enjoin ongoing violations of the National Environmental Policy Act (NEPA) associated with the Navy's extremely low frequency (ELF) submarine communications project. The court rules th...

The court holds that coal companies have the right to preenforcement judicial review of Pennsylvania's anthracite coal regulatory program, enacted to secure primary regulatory jurisdiction over certain aspects of anthracite coal mining under the federal Surface Mining Control and Reclamation Act. Th...

The court upholds the Environmental Protection Agency's (EPA's) denial of a request to extend the June 30, 1984, deadline by which integrated electroplating facilities must comply with pretreatment standards under the Federal Water Pollution Control Act. EPA's refusal to initiate rulemaking to exten...

The court holds that the fact that the warning label that appellant put on paraquat was determined adequate by the Environmental Protection Agency (EPA) under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not preclude liability under state wrongful death law for failure to ade...

The court holds that a 42 U.S.C. §1983 action for taking of his property via sewage pollution of groundwater without just compensation or due process is unavailable to appellee because state law provides adequate mechanisms for compensation and injunctive relief. The City of Springdale had discharg...

The court holds that the Corps of Engineers' initial determination that plaintiff's activities fell within the Corps' regulatory jurisdiction under §404 of the Federal Water Pollution Control Act is not reviewable until plaintiff exhausts its administrative remedies. In response to a letter from th...

The court rules that the Federal Energy Regulatory Commission (FERC) violated the Federal Power Act (FPA), the Fish and Wildlife Coordination Act (FWCA), the Pacific Northwest Power Planning and Conservation Act (PNPA), and the National Environmental Policy Act (NEPA) by relicensing the Rock Island ...

The court rules that jurisdiction to challenge the Surface Mining Control and Reclamation Act (SMCRA) abandoned mine land reclamation program regulations lies solely with the U.S. District Court for the District of Columbia (D.D.C.). Plaintiff challenges amendments to the regulations nationally appl...

The court rules that the holding in Middlesex County Sewerage Authority v. National Sea Clammers Association, 11 ELR 20684, that the Federal Water Pollution Control Act (FWPCA) confers no private right-of-action outside its citizen suit provision, applies to actions brought under the Federal Tort Cl...

The court holds that the Arizona Groundwater Code (Code), which regulates the use of groundwater by, inter alia, prohibiting increased use in certain areas and encouraging users to convert irrigated land to uses less consumptive of groundwater, causes no taking of private property and otherwise with...