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National Wildlife Fed'n v. Cotter Corp.

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...

United States v. Bradshaw

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...

United States v. Bradshaw

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...

Reliance Ins. Co. v. United States

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...

Manchester Envtl. Coalition v. Stockton

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...

Southeast Alaska Conservation Council, Inc. v. Watson

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...

United States v. Hill

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...

United States v. Thompson Bros. Coal Co.

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 ...

In re Tri-County Taxpayers Ass'n v. Town Bd. of the Town of Queensbury

The court rules that the respondent town's establishment of a sewer district prior to preparation of an environmental impact statement (EIS) violates the State Environmental Quality Review Act (SEQRA). The court upholds the lower court's decision that the establishment of the sewer district might ha...