In a Federal Water Pollution Control Act §404 enforcement appeal, the court rejects defendant's Commerce Clause, void-for-vagueness, and jury trial claims and holds that the government was not equitably estopped from bringing this action. The court first holds that regulation of wetlands is within ...

The court holds that the Corps of Engineers did not perform an adequate analysis of the cumulative impacts that may flow from a home development project on Galveston Island, Texas, but that it is too early to determine whether an environmental impact statement (EIS) regarding development of the site...

The court holds that an environmental impact statement (EIS) prepared in connection with the contruction of the Presidential Parkway in Atlanta adequately considered traffic and safety impacts of the proposed highway on local streets, but did not support a finding under §4(f) of the Department of T...

The court holds that the New Jersey Spill Compensation and Control Act (Spill Act) enforcement scheme does not violate the federal due process rights of alleged dischargers subject to New Jersey Department of Environmental Protection (DEP) cleanup directives. The court initially grants a potentially...

The court holds that contamination of groundwater by activities on McChord Air Force Base In Washington State may constitute a taking and that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not provide the exclusive remedy for such an injury. The court rules ...

The court holds that the Corps of Engineers' decision not to require local government to replace or relocate a bridge to be removed as part of a channel improvement project violated neither the Act authorizing the project nor the National Environmental Policy Act (NEPA). First, the court holds that ...

The court holds that the Federal Highway Administration (FHwA) complied with the Department of Transportation Act (DOTT) §4(f), the National Environmental Policy Act (NEPA), and Executive Order (E.O.) No. 11990, regarding wetlands, in approving the alignment of the Blue Route Highway in Pennsylvani...

In a suit brought by the United States and North Carolina under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to recover funds spent cleaning areas along the North Carolina roadsides where a transporter hired by defendants had sprayed polychlorinated bip...

The court holds that the Freedom of Information Act (FOIA) exemption 7(D) permits the Environmental Protection Agency (EPA) to withhold copies of unsolicited letters alleging criminal wrongdoing in connection with construction of an EPA-funded sewage treatment plant. The court notes that although FO...

The court holds that the Department of Energy (DOE) unlawfully imposed its Nuclear Waste Policy Act (NWPA) §302 fee on all nuclear-generated electricity producted by participating utilities instead of only on the nuclear-generated energy actually sold. The court first affirms a district court rulin...