Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

Maryland v. Train

Reversing a lower court, 6 ELR 20496, the Fourth Circuit orders the Environmental Protection Agency (EPA) to include in a hearing on the renewal of Philadelphia's ocean dumping permit the question of whether the Cape May site should continue to be designated as a proper ocean dumping site. Following...

Upper W. Fork River Watershed Ass'n v. Corps of Eng'rs

The court affirms the lower court decision, 6 ELR 20580, granting summary judgment against a suit to enjoin construction of a West Virginia lake project. The court adopts the lower court reasoning that the Corps of Engineers' environmental impact statement adequately complied with the requirements o...

United States v. Riverside Bayview Homes, Inc.

The court enjoins filling of land below a specified contour line because the land has been periodicaly inundated, supports wetland vegetation, and thus comes within the regulatory scope of the Corps of Engineers. Plaintiff seeks to enjoin filling on the unfilled portion of defendant's 80-acre parcel...

Pack v. Corps of Eng'rs

The Army Corps of Engineers' Environmental impact statement for proposed dredge and fill activities adequately complied with the requirements of National Environmental Policy Act. The challenged project requires dredging of various offshore sites, except those designated as traditional shrimping gro...

Missouri ex rel. Missouri-St. Louis Metro. Airport Auth. v. Coleman

The court grants defendant's motion for summary judgment in a suit challenging the Transportation Secretary's approval of an application for funds to acquire land for an airport in Illinois. Faced with the need for a new airport to serve the St. Louis metropolitan area, studies were made of Lambert ...

Motor Vessel Theresa Ann v. Kreps

The court stays a preliminary injunction issued by the district court which conditionally allowed tuna fishermen to take porpoise incidental to their fishing, contrary to the Marine Mammal Protection Act (MMPA), until a 1977 permit was issued. The district court abused its discretion by enjoining th...

Inman Park Restoration v. Urban Mass Transp. Admin.

The court rejects challenges to the adequacy of an environmental impact statement prepared for a proposed mass transit system and denies plaintiffs' request for injunctive relief based on the Department of Transportation Act, the Urban Mass Transportation Act, and the National Historic Preservation ...

Pollock v. Georgia Power Co.

Reversing the jury decision awarding damages for negligence, the court holds that evidence regarding sulfur content of the coal burned at defendant's plant was improperly excluded. Appellants pecan farmers sued for crop damages caused by sulfur dioxide emissions from the company's power plant. The t...

United States v. Mitchell

Reversing the lower court, 6 ELR 20683, the Fifth Circuit Court of Appeals holds that the criminal prohibitions of the Marine Mammal Protection Act (MMPA) do not reach conduct in the territorial waters of a foreign sovereignty. Defendant, an American citizen, was convicted of capturing dolphins with...

Save Our Sound Fisheries Ass'n v. Callaway

Plaintiff is entitled to an attorney fees award under the Federal Water Pollution Control Act (FWPCA) and the Marine Protection, Research, and Sanctuaries Act (MPRSA) because it constructively satisfied the notice requirements of the citizen suits provisions, which also allow attorney fees awards. I...