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Morrisville v. Delaware River Basin Comm'n

Municipalities which use Delaware River water here challenge a system of user charges adopted by the Delaware River Basin Commission in order to repay the federal government for constructing storage reservoirs in the Basin. Plaintiffs have standing although they are not signatories to the DRB Compac...

Milo Community Hosp. v. Weinberger

The Secretary of Health, Education, and Welfare was not required to prepare a NEPA impact statement prior to terminating plaintiff's status as a federally-assisted "provider of services" under the Medicare Act because of plaintiff's continued non-compliance with fire prevention regulations. Although...

American Meat Inst. v. EPA

This is a petition for review of the Environmental Protection Agency's effluent limitations for slaughterhouses and meat-packing plants. The Seventh Circuit Court of Appeals sustains the EPA Administrator's view that the Federal Water Pollution Control Act Amendments of 1972 authorize him to promulg...

Square Butte Elec. Coop. v. Hilken

The court dismisses an electrical cooperative's complaint seeking to exercise the power of eminent domain against a number of individual North Dakota landowners in order to construct an electrical transmission line. The taking of private property for public use under the state's power of eminent dom...

Montana Wilderness Ass'n v. Montana Bd. of Health & Envtl. Sciences

Defendant's impact statement concerning its approval of a housing subdivision in Gallatin Canyon failed to meet the procedural requirements of the Montana Environmental Policy Act. The impact statement contains no economic analysis, no attempt to quantify aesthetic considerations such as visual impa...

Lombardo v. Handler

The National Academy of Sciences is not an "agency," nor is its Committee on Motor Vehicle Emissions (CMVE) an "advisory committee," within the meaning of the Federal Advisory Committee Act (FACA), 5 U.S.C. App. I (1975), and the latter body is thus not subject to the statute's open meeting requirem...

Sierra Club v. Morton

This action was brought by environmental groups seeking to preserve the Sacremento Delta waterway area. The district court finds that major elements of the California Water Project were constructed and are presently operated without proper authorization, in violation of §§9 and 10 of the Rivers an...

United States v. Kennebec Log Driving Co.

On remand from the court of appeals, 491 F.2d 562, 4 ELR 20047 (1st Cir. 1973), the district court grants so much of plaintiff's motion for summary judgment as seeks a declaration that §13 of the Rivers and Harbors Act, 33 U.S.C. §407, ELR 41141, applies to sunken logs and bark in the Kennebec Riv...

United States v. Permenter

A developer who performed certain dredge and fill activities in Myrtle Beach, South Carolina, without a permit from the U.S. Army Corps of Engineers is permanently enjoined from engaging in any further dredging activity and is ordered to pay plaintiff a civil penalty of $7,500. In creating a boat ba...