The court holds that the Federal Water Pollution Control Act (FWPCA) preempts plaintiff's state-law claims against out-of-state defendants for the discharge of pollutants into Lake Michigan. Initially, the court rules that under City of Milwaukee v. Illinois (Milwaukee II),11 ELR 20406, plaintiff's ...

The First Circuit upholds in part a district court ruling, 13 ELR 20201, that the General Services Administration (GSA) must supplement an environmental impact statement (EIS) prepared for the proposed sale of surplus government property in Rhode Island. The First Circuit holds that the district cou...

The court rules that a portion of an environmental impact statement (EIS) prepared by the Air Force on a proposal to allow civilian air cargo operations at an Air National Guard base near Groveport, Ohio, fails to provide sufficient information for a reasoned choice among alternatives in violation o...

The court rules that an Orange County, New York, resolution calling for the sale of property for a sewage treatment project violated the State Environmental Quality Review Act (SEQRA). SEQRA required the county legislature to have before it an environmental impact statement or a determination of non...

The court holds that the Eleventh Amendment bars the Detroit Water and Sewer Department's (DWSD's) complaint seeking an order compelling the Michigan Department of Transportation (MDOT) to pay for DWSD's treatment of storm water collected on property owned by the state agency. The court first rules ...

The court upholds the Secretary of the Interior's five-year program for offshore oil and gas leasing prepared pursuant to §18 of the Outer Continental Shelf Lands Act (OCSLA).The court first holds that the Secretary's factual findings are to be upheld if based on substantial evidence, and his polic...

The court sustains United States Forest Service (USFS) plans for development of a ski area in the San Francisco Peaks of Arizona over challenges based on Indian religious freedom, the Endangered Species Act (ESA), the Wilderness Act, the National Historic Preservation Act (NHPA), and the USFS organi...

The Fifth Circuit, affirming in part the district court decision, 11 ELR 20315, rules that private landowners were required to obtain a dredge and fill permit under §404 of the Federal Water Pollution Control Act (FWPCA) prior to engaging in landclearing activities on forested wetlands in Louisiana...

The court issues a preliminary injunction restraining the Forest Service and its contractor from conducting activities that will affect the wilderness character of the North Kalmiopsis Roadless Area before completing an environmental impact statement (EIS) as required by the National Environmental P...

The court rules that the Corps of Engineers abused its discretion in finding jurisdiction under §404 of the Federal Water Pollution Control Act over wetlands filled before the current regulations became effective, and under §10 of the Rivers and Harbors Act over a nonnavigable slough. The court re...