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Delaware v. Pennsylvania N.Y. Cent. Transp. Co.

Standing to challenge Corps of Engineers' issuance of permits to Penn Central granted because plaintiffs allege that the permitted dike and fill operation along the foreshore of the Delaware River will cause them injury-in-fact by damaging the environment of the area, blocking a navigable tributary ...

Citizens to Preserve Overton Park v. Volpe

The Secretary of Transportation's approval of federal expenditures for the consturction of a segment of Interstate Highway I-40 through Overton Park is subject to judicial review under §701 of the Administrative Procedure Act, because the federal highway statute which authorized the Secretary's dec...

Dunn v. Ramsey, County of

Minnesota county that permitted contractor to divert water during road construction and to construct dam to contain it on adjacent property is liable to plaintiff for flood damages where plaintiff repeatedly protested of the hazard, despite fact that easement and waiver of liability had been unsucce...

Commonwealth v. Barnes & Tucker Co.

Coal mine owner ordered to resume treatment of acid drainage from an inactive mine to prevent pollution of the West Branch of the Susquehanna River pending trial to determine owner's liability under state's water pollution statutes and common-law nuisance doctrines. In light of the public interest i...

Citizens Comm. for the Columbia River v. Resor

Suit to invalidate Corps of Engineers' dredge-and-fill permit allowing the expansion of the Portland International Airport into the Columbia River dismissed. Plaintiffs, national and local conservation organizations, do not have standing to challenge the Corps' issuance of the permit, although they ...

Associated Home Builders of the Greater East Bay v. Walnut Creek, City of

Section 11546 of California's Business and Professions Code authorizing the governing body of a city or county to require that a subdivider must, as a condition to the approval of a subdivision map, dedicate land for park or recreation purposes or pay a fee in lieu thereof held to be a constitutiona...

Board of Pub. Works v. Larmar Corp.

A declaratory judgment was modified to the extent that a Worcester County riparian owner may reclaim land by filling in navigable waters in front of his shoreline as long as navigation is not obstructed, but he must comply with the Wetlands Act of 1970. Sections 15A and 15B of the Public Local Law, ...

Daly v. Volpe

Where Washington State Department of Highways (SHD) conducted extensive correspondence, consultation and meetings, held two formal hearings and published two detailed alternate route studies in connection with proposed bypass to Interstate Highway I-90, substantial compliance with the policies under...

Elliot v. Volpe

Section 102 of the National Environmental Policy Act of 1969 (NEPA) does not require federal officers to review or modify existing plans for a federally funded highway where the location and design of the challenged highway had been approved, the location excavated, a construction contract approved,...

Confederacion de la Raza Unida v. Morgan Hill, City of

Challenge by organization seeking to provide low-cost housing to individuals of Mexican descent to city zoning ordinance restricting housing density in certain hilly and mountainous sections of city rejected where undisputed purpose of ordinance is to "facilitate orderly and creative development" of...