The court refuses to dismiss an action challenging the opening of a cut through Beaucatcher Mountain near Asheville North Carolina for freeway construction, but denies plaintiffs' motion for preliminary injunctive relief. Plaintiffs clearly have standing since members of their association live on or...

The Court of Appeals vacates a lower court's stay of federal grand jury proceedings investigating possible violations of Pennsylvania's Clean Air Act implementation plan. The district court held the investigation could not proceed concurrently with state enforcement proceedings against the same poll...

Concluding that this injunctive challenge to flights into the United States of the Concorde SST is now moot, the court dismisses the amended complaint without prejudice. Previously, 4 ELR 20496, the First Circuit upheld this court's refusal to issue a temporary restraining order against Concorde dem...

A district court judgment requiring restoration of ten canals dug without Corps of Engineers permits is partially reversed and remanded. Five of the canals, although located above the mean high tide line, are subject to the Corps' jurisdiction under the Rivers and Harbors Act of 1899 because they ar...

A lower court judgment ordering restoration of canals dug above the mean high tide line but connected to navigable waters without permits from the Corps of Engineers is partially reversed and remanded. The canals are subject to the Corps' dredge and fill jurisdiction under the Rivers and Harbors Act...

In a companion case to United States v. Joseph G. Moretti, Inc., the court of appeals affirms the validity of the Army Corps of Engineers' denial of an after-the-fact application for a dredge and fill permit. The district court correctly concluded that the Secretary of the Army was not required to r...

The planned relocation of various Air Force units from bases near Kansas City, Missouri, and elsewhere to Scott Air Force Base in Illinois is enjoined pending preparation of a full NEPA impact statement. The Air Force's determination that the proposed realignments, which involve more than 7,500 pers...

Defendants prevail in this declaratory and injunctive action challenging the 1977 effluent limitations imposed on municipal water treatment plants by §301(b)(1)(E) of the Federal Water Pollution Control Act Amendments of 1972 (FWPCA). The court rejects plaintiff's contention that treatment plants n...

The court awards plaintiff $155,714.72 against its insurer for costs incurred in cleaning up a 14,000 gallon oil spill of undetermined cause from its storage tanks into the Hackensack River. Under applicable statutes, N.J.S.A. 58:10-23.4, -.5, -.7; 23:5-28, plaintiff was liable for removal of the oi...

A finding that the defendant was free from material negligence in the discharge of about 7,000 gallons of oil is not a defense to liability under the Federal Water Pollution Control Act Amendments of 1972 (FWPCA), 33 U.S.C. §1321(b)(6), ELR 41101, but it will support only the imposition of a nomina...