The court grants plaintiffs' motion for a preliminary injunction against the construction of a reregulating dam designed to stablize downstream fluctuations caused by the operation of the Libby Dam. After affirmatively resolving questions of standing and jurisdiction, the court determines that plain...

Granting defendants' motions for summary judgment, the court concludes that the Secretary of Agriculture's decision to reduce authorized utilization of national forest lands under grazing permits was an action committed to agency discretion by law and thus not judicially reviewable. Plaintiffs, whos...

The court grants a preliminary injunction against the removal of fill from platted roadways in a subdivision pursuant to an order of the Corps of Engineers. Plaintiff is likely to succeed with its contention that the removal order is jurisdictionally defective because the Corps, while it is authoriz...

The court denies motions to dismiss a suit for the recovery of civil penalties and cleanup costs for an oil spill following a collision between a tug and a barge on the Mississippi River. Plaintiff has stated causes of action against the tug and its owner in negligence for the maritime tort of oil p...

The court holds that while title to those portions of the riverbed that have traditionally underlain navigable portions of the Willamette River belongs to the state, title to the Fischer Cut, which became a portion of the navigable riverbed through a sudden and violent change in the path of the rive...

The court reverses a grant of summary judgment for the government in a suit to enforce a civil penalty for discharging oil into navigable waters after finding that the spill did not have a harmful effect on the environment. Section 311(b) of the Federal Water Pollution Control Act Amendments of 1972...

In a suit seeking an order directing the Administrator of the Environmental Protection Agency to increase federal funding from 33 percent to 75 percent of the cost of construction of a municipal sewage treatment plant, the court affirms the district court's granting of summary judgment to the plaint...

Granting judgment for defendants, the court affirms the National Oceanic and Atmospheric Administration's approval of the California Coastal Zone Management Plan (CZMP) pursuant to §306 of the Coastal Zone Management Act (CZMA). Plaintiff oil companies and trade associations have standing because t...

The court issues a preliminary injunction requiring defendant to install a flue gas desulfurization system to bring Unit 3 of its coal-fired Mitchell Power Station into compliance with sulfur dioxide emission limitations set by the Pennsylvania state implementation plan and warns that a penalty of $...

Following litigation resulting in a settlement agreement requiring the Administrator of the Environmental Protection Agency to promulgate industry-by-industry limitations on discharges of toxic substances into navigable waters, counsel for the plaintiff environmental groups and industrial intervenor...