The court holds that the Army Corps of Engineers is without jurisdiction to either grant or deny dredge and fill permits under §404 of the Federal Water Pollution Control Act (FWPCA) for hydroelectric power projects licensed by the Federal Energy Regulatory Commission (FERC). The court notes that t...

The Fourth Circuit Court of Appeals affirms the lower court's ruling that since the proposed widening of a South Carolina highway is purely local in nature, there is no need to comply with federal environmental laws. In addition to the proposed widening, the project would require removal of 28 trees...

Rejecting a challenge by the Commonwealth of Kentucky, the circuit court reverses the district court's invalidation of an environmental impact statement (EIS) prepared by the Army Corps of Engineers concerning the construction of the Clark Maritime Complex, a port and industrial complex on the Ohio ...

In an action brought under the citizen suit provision of the Federal Water Pollution Control Act (FWPCA), the court affirms a district court order, 11 ELR 20498, requiring a municipal sewage disposal authority to propose a timetable for abating the discharge of untreated sewage into the Shenango Riv...

The court affirms appellant's conviction for willfully interfering with Office of Surface Mining officials who entered onto appellant's property to conduct a warrantless inspection of surface mining operastions as authorized by §517 of the Surface Mining Control and Reclamation Act. The court rejec...

The district court enjoins defendant, Jackson County, Minnesota, from enforcing a six-foot cover requirement for plaintiff's natural gas pipeline and rules that Minnesota law and the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. §§1671 et seq., preempt the county from adopting pipeline safety...

The Ninth Circuit Court of Appeals affirms the district court's granting of defendants' motion for summary judgment and holds that the Department of Housing and Urban Development (HUD) was not required to prepare an environmental impact statement (EIS) under the National Environmental Policy Act whe...

The court rules that under the Property Clause of the United States Constitution the federal government may constitutionally refuse to dispose of public lands under its stewardship. Initially, the court finds that it has jurisdiction, under the Federal Land Policy and Management Act (FLPMA) and the ...

The district court holds that plaintiffs have standing to challenge an Environmental Protection Agency (EPA) cease and desist order, issued under the Federal Water Pollution Control Act (FWPCA), which allegedly resulted in flooding of plaintiffs' property. The court rejects EPA's contention that pla...

The Fourth Circuit Court of Appeals modifies and affirms the district court's decision upholding the Environmental Protection Agency's (EPA's) ruling that plaintiff had not commenced construction of its Chalk Point #4 generating station prior to August 17, 1971, and that the unit was thus required t...