The court directs the Duxbury board of zoning appeals of issue a permit allowing the excavation and filling of plaintiffs' tidal marsh, subject to conditions necessary to prevent erosion of the fill. A rehearing is denied in a supplemental opinion emphasizing that the decision should not be construe...

Plaintiffs seek just compensation for lands taken by the United States under the Redwoods National Park Act, 16 U.S.C. §79a-j, and for loss of access to other lands not taken. Plaintiffs deny that the Interior Department has power to remove, as it claims to have done, 90 acres from the legislativel...

The Eighth Circuit Court of Appeals affirms a lower court's denial of injunctive relief against construction of the Meramec Park Lake Dam near St. Louis, Missouri. The plaintiffs fail to prove that the project violates both NEPA and the Endangered Species Act of 1973. The revised environmental impac...

The Rhode Island Supreme Court affirms a lower court decision rejecting challenges of improper legislative delegation, denial of equal protection, and taking without compensation to the Rhode Island Fresh Water Wetlands Act provisions requiring state agency and municipal approval of wetlands alterat...

The court of appeals upholds the validity of the variance provision in EPA regulations setting effluent limitations for a number of industrial categories. The clause in question authorizes the grantor of a discharge permit under §402 of the Federal Water Pollution Control Act (FWPCA) Amendments of ...

On remand from the Supreme Court, 6 ELR 20030, the Seventh Circuit, by denying the petition for review, upholds the Atomic Energy Commission's decision to license the Bailly nuclear power plant adjacent to the Indiana Dunes National Lakeshore. The AEC has jurisdiction to approve the plant site, notw...

The First Circuit Court of Appeals affirms a lower court's conclusion, 6 ELR 20048 (D. Me. 1975), that the prohibition in §13 of the Rivers and Harbors Act of 1899 against the discharge of refuse into navigable waters without a permit from the Secretary of the Army applies to peeled bark and sunken...

The court refuses to enjoin the lease sale of outer continental shelf lands in the Gulf of Alaska, notwithstanding a referral by EPA under the Clean Air Act to the Council on Environmental Quality. The environmental impact statement (EIS) adequately weighs the relevant costs and benefits of the prop...

In a continuation of this protracted litigation involving the Reserve Mining Company's discharge of taconite tailings into Lake Superior, the court assesses penalties, litigation expenses, and costs of interim municipal drinking water purification against defendants. Previous judicial decisions in t...

Petitioners attack on a broad front the EPA Administrator's actions in promulgating regulations setting national effluent limitations for the potato processing industry under §§301, 304, and 306 of the Federal Water Pollution Control Act Amendments of 1972. After detailed consideration of petition...