The Court of Appeals for the Third Circuit partially vacates and remands for further proceedings a lower court decision, 5 ELR 20207, that enjoined construction of a dam in Pennsylvania pending preparation of an environmental impact statement and compliance with the Watershed Protection and Flood Pr...

Affirming the lower court decision, 5 ELR 20494, the Court holds the doctrine of implied reservation of rights in water applicable to groundwater and finds express support for such a reservation of appurtenant unappropriated water in the Presidential Proclamation that withdrew land to create Devil's...

Although finding that the habitat of the snail darter, a species designated as endangered pursuant to the Endangered Species Act of 1973 (Act), would be destroyed by construction of the Tellico Dam, the court nevertheless refuses to enjoin the project. The Department of the Interior placed the snail...

The Sixth Circuit reverses a lower court's ruling, 6 ELR 20111, and holds that the United States Army need not prepare a NEPA impact statement in connection with the closing of a military base and transfer of its personnel and functions. The proposed closing of the Lexington-Bluegrass Army Depot doe...

The court rules that a state hazardous waste agency's failure to take reasonable and necessary steps to monitor groundwater near a solid waste landfill at Flemington, North Carolina, in which hazardous wastes were disposed might constitute "contribution to" the disposal of hazardous wastes under §7...

In a suit alleging that wastes at a local landfill contaminated groundwater and land, the court holds that the Pennsylvania Solid Waste Management Act provides no private cause of action; plaintiffs have standing under the Pennsylvania Storm Water Management Act; a state administrative enforcement p...

The court holds that defendant is liable to the state under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act for response costs and natural resource damage. The state's evidence of seepage from unlined waste disposal areas and of materials blowing from a pile contai...

The court rules that states may not bring citizen suits under §505(a) of the Federal Water Pollution Control Act (FWPCA) or FWPCA §309(d) actions for civil penalties. The court first holds that it lacks jurisdiction under FWPCA §505(a) over a suit brought by California seeking civil penalties for...

The court holds that neither a state judicial enforcement action resulting in a stipulated judgment nor a subsequent state administrative enforcement of the judgment constitutes "diligent prosecution" barring a Federal Water Pollution Control Act citizen suit. The court initially holds that defendan...

The court holds that a citizens' group is barred by the doctrines of laches and virtual representation from moving to enjoin a major development project in Brooklyn, New York, on the grounds that city officials and the developer violated the National Environmental Policy Act (NEPA) and the National ...