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Burnette v. Carothers

The court holds that homeowners' citizen suit against various state officers under the Federal Water Pollution Control Act (FWPCA), the Resource Conservation and Recovery Act (RCRA), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as well as their claim for re...

Bridgeton, City of v. FAA

The court holds that the Federal Aviation Administration's (FAA's) decision approving the proposed expansion of the Lambert-St. Louis International Airport was not arbitrary or capricious. The court first holds that the FAA complied with the National Environmental Policy Act (NEPA) mandate that the ...

Brewster v. Amherst, Town of

The court upholds a town planning board's decision to revoke its site plan approval of a soccer facility located on a floodplain containing wetlands. The court first holds that the violations were material. The owners allowed soccer games to be played during restricted periods and left equipment and...

Brehmer v. Planning Board of the Town of Wellfleet

The court upholds the grant of a special zoning permit for the construction of a wireless telecommunications tower in the steeple of a historic church in Wellfleet, Massachusetts. Although the town's planning board concluded that the wireless communication company had satisfied all the criteria of t...

Broadwater Farms Joint Venture v. United States

The court holds that the U.S. Army Corps of Engineers' Federal Water Pollution Control Act §404 use restriction on a real estate developer's construction in a wetland area did not constitute a partial compensable taking. The court first holds that the developer did not establish that it had reasona...

Bragg v. Robertson

The court stays its permanent injunction barring a state environmental agency from approving mining variances to the Federal Water Pollution Control Act §404(b)(1) buffer zone rule that prohibits mines from conducting valley fills within 100 feet of intermittent or perennial streams. The court firs...

Chenega Corp. v. Exxon Corp.

The court holds that a trial court erred in dismissing Native American corporations' claims for compensation of oil spill damages to federal lands scheduled for transfer but not yet conveyed to the corporations under the Alaska Native Claims Settlement Act. The court, however, affirms the case in al...

Bluewater Network & Ocean Advocates

The court grants environmental groups' petition for mandamus compelling the U.S. Coast Guard to promulgate regulations that establish minimum compliance standards and use requirements for tank level and pressure monitoring (TLPM) devices on oil tankers. Oil Pollution Act (OPA) §4110 required the Co...

Catskill Mountains Chapter of Trout Unlimited, Inc. v. New York, City of

The court reverses a district court decision that water diverted from a reservoir through a city-operated tunnel and then released into a creek is not the "addition" of a pollutant to a creek, thereby triggering the Clean Water Act's (CWA's) permit requirement. The transfer of water was necessary to...