The court rules that appellants may not proceed under a trespass theory in their action for damages caused by noise from a nearby steel plant. It holds that noise alone, without damage to property, is not sufficient to support a trespass claim. The court notes that the trial court had previously den...

The court holds that suits brought by residents of Jefferson County, Missouri, charging the Environmental Protection Agency (EPA) with negligence for failure to warm them of a dioxin contaminated landfill or to remove the contaminated soil are barred by the discretionary function exception to the Fe...

The court rules that a district court has jurisdiction under §304 of the Clean Air Act to hear a suit seeking to force the Environmental Protection Agency (EPA) to promulgate a state implementation plan (SIP) provision to replace a state provision disapproved by EPA, even though that disapproval is...

The court holds that the environmental impact statement (EIS) for a transmission line project on federal land within Henderson, Nevada, adequately addressed alternative routes for the line and its potential health hazards. Henderson first claims that the transmission line crosses a small parcel of n...

Granting defendants motion for summary judgment, the court dismisses a complaint which sought to enjoin a federally funded highway repair and renovation project pending compliance with the National Environmental Policy Act (NEPA), 42 U.S.C. §§4321-4361, ELR STAT. & REG. 41009, and the National...

Affirming the lower court, the Pennsylvania Supreme Court holds that, pursuant to the Pennsylvania Clean Streams Law, the state Department of Environmental Resources (DER) may order the closing of a landfill and cleanup of the pollution discharged. The landfill operators had failed to comply with or...

On its second review of EPA's proposed effluent limitations for new sources in the corn wet milling industry, the Eighth Circuit upholds most of the original limitations but remands the standard for total suspended solids. In CPC International v. Train, 515 F.2d 1032, 5 ELR 20392 (8th Cir. 1975) (CP...

The court permanently enjoins further spraying of the phenoxy herbicides 2,4,5-T and silvex for vegetation control in the Siuslaw National Forest after determining that the Forest Service's environmental impact statement (EIS) for the spraying program is inadequate. The mere fact that the program in...

The New York Court of Appeals holds that a village's unreasonable delay in improving its sewer system, which prevents a landowner from hooking up to the municipal system, may, on sufficient proof, be an unconstitutional taking of private property without compensation. Appellee planned to construct a...

Corps permit for landfill along nine miles of Hudson River for proposed expressway voided. Future permits enjoined. Army Corps of Engineers exceeded its authority under Rivers and Harbors Act and Transportation Act of 1966 by issuing permit for dike and causeway without prior approval of Congress an...