In a pre-trial ruling, the district court determines that environmental laws and regulations enacted prior to the filing of a notice of condemnation are relevant to a determination of the highest and most profitable use of defendants' condemned land. Defendants are the owners of property located in ...
The district court approves defendants' disposal of polycholorinated biphenyls (PCBs) in a state-owned landfill in Warren County, North Carolina, against an array of challenges based on federal and state law. Plaintiffs, owners of property adjoining the landfill, sought injunctive or monetary relief...
The Supreme Court of Hawaii affirms the lower court's decision upholding the Bureau of Land and Natural Resources' (BLNR's) approval of the construction of underground utilities on the Paiko Lagoon Wildlife Sanctuary and its determination that the proposed activity was exempt from preparation of an ...
The district court holds that an environmental impact statement (EIS) prepared in connection with the proposed reconstruction and widening of North Carolina Highway 51 violates §§102(2)(C)(iii) and 102(2)(E) of the National Environmental Policy Act (NEPA). The court rules that defendants failed to...
The district court holds that §312(f)(3) of the Federal Water Pollution Control Act (FWPCA) and the Michigan Watercraft Control Act of 1970 (MWCA) neither violate the Equal Protection Clause nor contravene congressional treaty-making powers. Initially, the court rules that Michigan's 1975 applicati...
The court rules that the Corps of Engineers complied with applicable state and federal environmental laws in constructing and operating a flood control and hydroelectric dam on the Sac River in Missouri. At the outset, the court rules that it has subject matter jurisdiction under 28 U.S.C. §1331(a)...
The court, holding that workers' compensation is the exclusive remedy for job-related exposure to plutonium contamination, disallows major portions of the trial court's $10.5 million damage award to a nuclear fuel plant employee as inconsistent with the Oklahoma Workers' Compensation Act (WCA) and t...
The Eighth Circuit affirms a district court decision, 12 ELR 20359, that the Corps of Engineers complied with the Administrative Procedure Act, the National Environmental Policy Act, the Fish and Wildlife Coordination Act (FWCA), the Federal Water Pollution Control Act (FWPCA), and the Missouri Clea...
The district court rules that the Army Corps of Engineers abused its discretion in approving the construction and operation of a private dock in a public recreation area on Lake Hartwell in Georgia. Defendant United States, owner of Lake Hartwell, had executed a commercial concession lease authorizi...
Upon remand from the District of Columbia Circuit, 10 ELR 20803, the court rules that a consent decree governing the regulation of toxic pollutant dischares under the Federal Water Pollution Control Act (FWPCA) does not impermissibly infringe upon the discretion of the Environmental Protection Agenc...