Residential and territorial intrastate restrictions on commercial crabbing and oystering are an unconstitutional exercise of the state's police power, because there is no reasonable basis for the groupings nor a reasonable relation to the public interest. Restricting a waterman to his own residentia...

Trial court properly refused to restrain commercial plaza dry cleaner tenant from operating its plant in "an offensive and noisy manner" in landlord-initiated action where evidence showed that noise from plant was transmitted or created by "tactile vibration"—sound conveyed by the structure itself...

A federal district court has jurisdiction under Administrative Procedure Act and also under general federal question jurisdiction where complaint alleges that the Secretary of Transportation has failed to comply with the Federal-Aid Highway Act and the National Environmental Policy Act of 1969 (NEPA...

Defendants' motion to dismiss denied. Plaintiff has standing to sue on its own and as a class representative to halt the commercial dredging and filling of tidal marshes off Gravens Island, because plaintiff has special interests in the protection of the environment which are subject to injury and a...

Where all persons displaced by a federal aid highway have accepted relocation prior to decision on appeal, the issue of whether federal and state officials have complied with the provisions of the Federal Aid Highway Act of 1968 and its implementing regulations, designed to insure the relocation of ...

The city of Boston's claim that aircraft noise resulting from defendants' operation of Logan Airport diminishes the value of city-owned educational facilities in violation of the Due Process Clause of the 14th Amendment is not cognizable in federal court under 42 U.S.C. §1983. The city has not alle...

The regulations promulgated by the AEC to comply with the procedural obligations imposed upon federal agencies by the National Environmental Policy Act of 1969 violate the Act's requirements as follows: (1) the AEC's refusal to independently review the nonradiological environmental impact of nuclear...

The United States Court of Appeals for the District of Columbia Circuit grants further injunctive relief against the Zoning Commission of the District of Columbia in a suit challenging the refusal of the Commission to down-zone the Georgetown Waterfront area to prevent commercial development. The co...

The district court has an obligation to review the merits of a substantive agency decision to determine if it was rendered after a full, good-faith consideration of environmental factors made under the standards set forth in §101 and §102 of the National Environmental Policy Act. This case is to b...

The court refuses to grant a preliminary injunction to prevent construction of a combination sewage outfall pipe and fishing pier where the Environmental Protection Agency (EPA) and the California Bureau of Outdoor Recreation (BOR) have not acted arbitrarily or capriciously in determining that the p...