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...
The district court denies plaintiffs' request for further discovery relating to the factual basis and recommendations of the U.S. Fish and Wildlife Service's biological opinion examining the impact of defendants' activities on various threatened and endangered species. The First Circuit, 11 ELR 2039...
The court holds that the Environmental Protection Agency (EPA) violated the clear directive of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to promulgate a revised national contingency plan (NCP) and emergency response guidelines within specific deadlines. It fin...
The court holds that an environmental impact report (EIR) prepared for a proposed expansion of the John Wayne Airport in Orange County, California, fails to comply with the California Environmental Quality Act (CEQA). If finds the EIR's project description inadequate as failing to encompass the full...
The court rules that among a group of plaintiffs seeking to recover in maritime tort for indirect economic losses resulting from the closure of portions of Louisiana waterways to navigation and commercial fishing due to defendants' spill of toxic chemicals, only commercial fishermen who routinely op...