The court holds that officials planning the construction of Interstate Highway 440 (I-440) in Nashville, Tennessee, complied with the Department of Transportation Act, the National Historic Preservation Act (NHPA), and the National Environmental Policy Act (NEPA). First, it rejects plaintiffs' claim...

In an action to enjoin the unpermitted storage of radioactive waste from a uranium mill, the court holds that plaintiffs lack standing to bring a private action to enforce the state Radiation Control Act or Water Quality Control Act. Initially, the court rules that the lower court erred in dismissin...

In an action brought by the United States for civil penalties and injunctive relief, the court rules that the discharge of fill material into a wetland adjacent to a navigable waterway without an Army Corps of Engineers permit is a violation of §404 of the Federal Water Pollution Control Act (FWPCA...

After ruling, 12 ELR 20629, that by filling a wetland without a Corps of Engineers permit defendant violated §404 of the Federal Water Pollution Control Act, the court orders defendant to undertake the restoration plan submitted by the government. The plan requires the defendant to lower the elevat...

The court holds that plaintiff insurer may not recover from the government under §311(i) of the Federal Water Pollution Control Act oil spill cleanup costs paid to an insured since the insured's actions were a contributing cause of the spill. Insured caused a discharge of oil into the Alameda Estua...

The court rules that the Corps of Engineers complied with the National Environmental Policy Act (NEPA), the Federal Water Pollution Control Act (FWPCA), and other environmental statutes in issuing a permit for preliminary construction in and near Lake Erie of facilities for a proposed steel mill. Th...

The court rules that plaintiffs have standing under the Environmental Protection Act (EPA) to challenge the state's failure to comply with the Environmental Policy Act. Initially, the court determines that plaintiffs have standing under the EPA to challenge the construction of an industrial park, wh...

The district court rules that the U.S. Forest Service was required to prepare an environmental impact statement (EIS) prior to approving amendments to U.S. Borax's plan of operations for mining activities within the Misty Fjords National Monument. The Forest Service, pursuant to the court's prior ru...

The court rules that certain enforcement provisions of the Surface Mining Control and Reclamation Act (SMCRA) do not violate the Fifth Amendment to the Constitution. Following defendants' failure to comply with both a final order assessing a civil penalty of $3,300 and a cessation order issued for n...

The court holds that the Surface Mining Control and Reclamation Act's (SMCRA's) requirement for payment of an administratively assessed penalty prior to a hearing is constitutional. The requirement is not a denial of due process since the Act affords additional remedies that satisfy the criteria of ...