The General Services Administration is enjoined from taking any further action toward disposing of surplus government land to an electric utility company until an environmental impact statement meeting the requirements of NEPA has been prepared and circulated. Adopting the rational basis test to rev...

The court modifies its earlier opinion, 5 ELR 20046, to make clear that it did not rule on the propriety of the EPA Administrator's regulations implementing §§301 and 304 of the Federal Water Pollution Control Act Amendments of 1972, or on the validity of the form or content of any particular effl...

The court of appeals affirms a district court's judgment for defendants following a full trial on the merits of plaintiffs' contention that the U.S. Department of Housing and Urban Development failed to comply with NEPA with respect to the siting of low-income public housing units in middle-class ne...

Section 1342(b) of the Federal Water Pollution Control Act Amendments of 1972 authorized Minnesota to require the Corps of Engineers to comply with state pollution abatement requirements, including obtaining a discharge permit for its dredging operations on the Mississippi River. Although plaintiff ...

In an action under §§10 and 13 of the Rivers and Harbors Act of 1899, the court refuses to require the defendant land developer to restore completely three acres of marshland destroyed by illegal canal construction and dredge spoil deposits. While massive destruction of wetlands can have serious a...

The defendant was convicted of theft of government property for cutting trees on his unpatented mining claim and using them to construct a residential cabin on adjacent private property (his patented claim), assertedly in violation of 30 U.S.C. §612(c), which prohibits cutting or removal of timber ...

The Ninth Circuit Court of Appeals affirms a lower court's conviction of the defendant for failing to notify the appropriate governmental agency immediately about a known oil spill into a navigable river, as required by §311 of the Federal Walter Pollution Control Act Amendments of 1972. The statut...

Contrary to plaintiff's assertions, §313 of the Federal Water Pollution Control Act Amendments of 1972 does not constitute an express waiver of sovereign immunity so as to subject federal facilities to suit for failure to comply with state pollution control measures. The words "shall comply," while...

A group of non-profit power users challenges on both procedural and substantive grounds a substantial rate increase promulgated by the Department of the Interior on sales of electric power derived from the Bureau of Reclamation's Central Valley Project in California. In 1973, for the first time in 3...

Since EPA has not determined alcohol to be a hazardous substance under §311 of the Federal Water Pollution Control Act Amendments of 1972, the defendant barge company's employee did not trigger the immunity provision in §311(b)(5) by notifying the Coast Guard of a small alcohol spill. Defendant is...