The court rejects substantive and procedural challenges to a decision by the Administrator of the Environmental Protection Agency to exempt the Seabrook Nuclear Power Plant from applicable thermal discharge limitations pursuant to §316 of the Federal Water Pollution Control Act. After his initial d...

The court of appeals upholds the Federal Communications Commission's (FCC's) denial of a request that an environmental impact statement (EIS) be prepared concerning an increase in the tariff for long lines communications facilities shared by automotive salvage yards. The defendant's regulations requ...

The court upholds the Airborne Hunting Act as a constitutional exercise of federal power under the Commerce Clause. Defendants, who had been charged with violations of the Act for using a helicopter while hunting coyotes, challenged the constitutionality of the Act on the ground that the Tenth Amend...

The court declares the Airborne Hunting Act of 1971 unconstitutional because it violates the states' reserved power to regulate fish and wildlife and dismisses one count of a criminal information filed against defendants. Defendants, who were charged with violating the Act by engaging in airborne hu...

The court preliminarily enjoins defendants' mode of operation of the public drinking water system facility at the town of Neskowin and orders that specific actions be taken to protect the public health because the operation violates numerous provisions of the Safe Drinking Water Act, 42 U.S.C. §§3...

The court denies a motion to dismiss a suit seeking a declaratory judgment that the Bureau of Reclamation must prepare a comprehensive environmental impact statement (CEIS) analyzing existing and future water resource projects and operations in the Colorado River Basin by a certain date. The acquies...

The court affirms a decision of the Environmental Protection Agency (EPA) not to prepare an environmental impact statement and finds adequate the Agency's environmental impact appraisal concerning construction of a federally funded wastewater treatment facility. The proposed system includes two lago...

The EighthCircuit affirms a district court ruling, 8 ELR 20638, that an intrastate lake and its outlet creek are not subject to the Army Corps of Engineers' regulatory jurisdiction under the Rivers and Harbors Act of 1899. Although both are navigable in fact, these bodies of water are not navigable ...

The Seventh Circuit Court of Appeals affirms the trial court's order requiring defendants to eliminate raw sewage overflows that ultimately reach Lake Michigan but reverses its imposition of effluent limitations on discharges from defendants' treatment plant more stringent than those contained in th...

Affirming in part and reversing in part the decision of the district court, 8 ELR 20415, the District of Columbia Circuit Court of Appeals rules that the Energy Research and Development Administration's (ERDA's) construction of 22 nuclear waste storage tanks is not subject to the licensing jurisdict...