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United States v. M/G Transp. Servs., Inc.

The court reverses a district court's acquittal of a tow boat company, a company officer, and the boat's captains for violating the Federal Water Pollution Control Act by dumping pollutants into a river without a permit. The district court acquitted the defendants after a jury found them guilty. The...

Michigan Peat v. EPA

The court reverses a district court's dismissal of a peat company's Federal Water Pollution Control Act (FWPCA) §404 and takings claims against the federal government concerning a proposed §404 permit. The court first holds that the district court erred in finding that it did not have subject matt...

Fireman's Fund Ins. Co. v. Lodi, Cal., City of

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt a California city's comprehensive municipal environmental response and liability ordinance. An insurer challenged the constitutionality of the ordinance. The court first dismisses...

Informed Citizens United, Inc. v. USX Corp.

The court grants summary judgment to a company that allegedly violated its Federal Water Pollution Control Act (FWPCA) §404 permit by filling wetlands in contradiction of its mitigation plan. The U.S. Army Corps of Engineers authorized the company's filling and mitigation plan under Nationwide Perm...

Forest Properties, Inc. v. United States

The court holds that the federal governments' denial of a developer's application for a Federal Water Pollution Control Act (FWPCA) §404 permit to dredge and fill certain underwater lakebottom property did not constitute a regulatory taking. The developer claimed that the denial resulted in a takin...

Friends of the Earth v. Gaston Copper Recycling Corp.

The court holds that environmental groups lacked standing to pursue Federal Water Pollution Control Act (FWPCA) claims against a smelting facility that allegedly violated its national pollutant discharge elimination system (NPDES) permit. The groups alleged that the facility violated the FWPCA by ex...

Woodfeathers, Inc. v. Washington County, Or.

The court holds that a district court erred in failing to abstain under Younger v. Harris, 401 U.S. 37 (1971), in a case challenging the constitutionality of an Oregon county's solid waste ordinance. A company charged with violating the ordinance sought declaratory and injunctive relief against enfo...

Barthel v. Department of Agric.

The court holds that farmers may dredge and clean a ditch as necessary to farm their land as they did before the Swampbuster provision of the Food Security Act became effective. Before Swampbuster became effective, the farmers dredged and cleaned the ditch and used the drained land as a hay and cow ...

Kleissler v. U.S. Forest Serv.

The court holds that an individual failed to exhaust his administrative remedies before suing the U.S. Forest Service for violating the National Environmental Policy Act (NEPA) and the National Forest Management Act (NFMA) in connection with two timber cutting projects in the Allegheny National Fore...

Piney Run Preservation Ass'n v. County Comm'rs of Carroll County, Md.

The court holds that a county's sewage treatment plant violated Federal Water Pollution Control Act (FWPCA) §301(a) by discharging heat into a stream located near environmental group members' homes. The court first holds that according to the plant's monitoring reports, the plant's effluent exceede...