The court holds that states have the authority to enforce their own more stringent water quality standards by denying certification under §401 of the Federal Water Pollution Control Act (FWPCA) for a general permit, and that the Army Corps of Engineers' headwaters nationwide permit is not applicabl...
The Nevada Supreme Court rules that Nevada law does not require a diversion of water for a valid appropriation, and holds that the Bureau of Land Management (BLM) and the United States Forest Service may obtain water rights for stock and wildlife watering on federal public lands even though they own...
The court holds that plaintiff is not entitled to a preliminary injunction to prevent construction of a causeway and dredging of a site for a marine cargo terminal. In longstanding litigation over the proposed development on Sears Island, Maine, plaintiffs challenged permits issued by the Army Corps...
The court holds that plaintiff's claims that construction by the Maine Department of Transportation (MDOT) of a causeway to, and a marine cargo terminal on, Sears Island would violate the Federal Water Pollution Control Act (FWPCA) and the National Environmental Policy Act (NEPA) raise questions to ...
The court vacates the Louisiana Department of Environmental Quality's (DEQ's) settlement with BASF Corporation concerning chemical releases in violation of state air quality regulations, since the DEQ failed to obtain the concurrence of the attorney general and failed to adequately support its decis...
The court holds that the Federal Water Pollution Control Act (FWPCA) prohibits a consent decree between an environmental group and a corporate defendant in which the corporation agrees to pay $45,000 to environmental groups. The consent decree, entered to settle an FWPCA §505 citizen suit, would ha...
The court holds that the operation of pumped storage generators by the Corps of Engineers on the Savannah River should be enjoined pending completion of a supplemental environmental impact statement addressing the adverse effects of pumped storage, but that the installation of the generators may pro...
The court holds that provisions of the New York state right-to-know laws and regulations imposing notification requirements on commercial lawn care companies are not preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The provisions require applicators to enter into a writt...
The court holds that where a national pollutant discharge elimination system (NPDES) permit issued under the Federal Water Pollution Control Act (FWPCA) requires the use of a particular testing method, the permittee cannot raise the inadequacy of the testing method as a defense in a citizen suit bro...
The court holds that the seller of a chemical manufacturing plant is liable to the purchaser for contribution under §113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs incurred or to be incurred as a result of the dumping of hazardous was...