A preliminary injunction based on insufficient compliance with NEPA will not be issued to halt work on the New Hope Dam since the environmental impact statement filed by the Corps of Engineers is sufficiently complete. The statement includes actual depositions of experts opposing the project. Its di...
Private citizens may not enforce the Refuse Act by means of a qui tam action, even though the Department of Justice fails or refuses to proceed against a violator.
Counsel for PlaintiffsDavid B. Beizer30 Sachem StreetNorth Haven, CT 06511
Counsel for DefendantCharles J. Negaro49 Leavenworth Street...
No injunction will issue at the suit of a detergent-maker to restrain the enforcement of a local law prohibiting the sale of detergents based on phosphorous compounds after a certain date. All suppliers of such detergents were given nine months to begin compliance with the law, and no other maker ha...
Building an outer taxiway for Logan Airport in Boston, a local project, does not require the filing of an environmental impact statement by the Secretary of Transportation pursuant to the National Environmental Policy Act, since federal involvement is so limited. Under the Airport and Airway Develop...
Motion for preliminary injunction of the Price Commission's approval of a New York City bus and subway fare increase for noncompliance with NEPA is dismissed because it is unlikely that Congress intended NEPA's requirements to apply to the Price Commission, a temporary agency established by Congress...
The provision of federal highway law which authorizes the Secretary of Transportation to approve only those highway projects which are consistent with the safety of the public, 23 U.S.C. §109(a), does not require the Secretary to consider the noise- and air-pollution impact of the proposed highway....
An economic poison is not "misbranded" so as to require the cancellation of its registration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), although its use in compliance with the directions on its label will cause certain food to become "adulterated" within the meaning of th...
A renewal project in downtown Washington, which would replace five squares of predominantly three- and four-story buildings containing small shops and businesses with multi-story office complexes and which would increase pedestrian and vehicular traffic and change transportation patterns, is a major...
Plaintiffs sought to enjoin the operation of defendants' swine finishing barn on the grounds that the odors emanting from the barn constituted a private nuisance and that they violated the Michigan Environmental Protection Act of 1970. On balance, the swine raising operation is carried on in a moder...
Where the United States Attorney asserts that a highway project is entirely a "state project," the plaintiffs must show the eventuality of federal participation in order to bring the project within the ambit of a "major federal action" referred to in NEPA. Complete implementation of the nation's env...