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Dickman v. Santa Fe, City of

The court enjoins further construction of a multi-phase road project, since citizens of Santa Fe, New Mexico, established a likelihood of success in their claim that the city improperly segmented the project to avoid compliance with the National Environmental Policy Act (NEPA). Santa Fe, serving as ...

West Virginia Coal Ass'n v. Reilly

In dismissing a case for lack of subject matter jurisdiction, the court holds that the United States Environmental Protection Agency (EPA) has authority under the Federal Water Pollution Control Act (FWPCA) to adopt a policy prohibiting instream treatment ponds and fills and to object to draft natio...

Bargen v. Department of the Navy

In an unpublished decision, the court holds that plaintiffs are not entitled to an injunction against the Navy's adoption of an environmental impact statement (EIS) for its supersonic operating area at Fallon, Nevada. The court holds that the EIS adequately considered the environmental effects of so...

Wilderness Soc'y v. Tyrrel

The court permanently enjoins a national forest timber sale because it violates the Wild and Scenic Rivers Act (WSRA). The WSRA requires defendant to prepare a presale management plan. Previously the court held that the WSRA's protection of rivers is not limited to a one-quarter-mile corridor. The e...

Barcellos & Wolfsen, Inc. v. Westlands Water Dist.

The court holds that §224(h) of the 1982 Reclamation Reform Act does not deprive landowners with recordable contracts for water on excess lands of a property right within the meaning of the Fifth Amendment and that Congress did not violate the principle of separation of powers in enacting §224(h)....

CPC Int'l, Inc. v. Aerojet-General Corp.

The court holds that the Michigan Department of Natural Resources (MDNR) is subject to liability under §107(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as an operator for its activities at a hazardous waste site, and is a responsible party under CERCL...

Diamond Waste, Inc. v. Monroe County

The court holds that a county's use of a Georgia statute to prohibit a waste management company from operating a regional landfill violates the Commerce Clause and entitles the company to an injunction prohibiting further interference. The landfill was operated jointly by the county and a municipali...

Hickory Neighborhood Defense League v. Skinner

On remand from the Fourth Circuit, the court holds that the Secretary of Transportation properly determined under §4(f) of the Department of Transportation Act that alternatives to a highway widening project through a historic site were not prudent. The remand resulted when a neighborhood organizat...

Ciampitti v. United States

The court holds that the federal government is not entitled to summary judgment against property owners that brought an inverse condemnation action when the Corps of Engineers (the Corps) denied them a dredge and fill permit under §404 of the Federal Water Pollution Control Act (FWPCA). Plaintiffs,...

United States v. Wastecontrol of Fla., Inc.

The court rules that §113(j) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), added by the 1986 amendments to limit judicial review of Environmental Protection Agency (EPA) response actions to the administrative record under the arbitrary and capricious standard,...