All natural resources in the state of Wisconsin are impressed with a public trust for usage and conservation as a state resource, according to common law. Any statute requiring a riparian owner to obtain a permit to divert water is a derogation from common law and must be construed strictly. Under t...
The Department of the Navy has complied with the procedural and substantive duties of the National Environmental Policy Act of 1969 in planning for a mock amphibious landing on Reid State Park, Maine by evaluating the environmental impact of the planned landing operation and alternatives to that act...
Environmental Protection Administrator's decision not to permit a six-month variance from requirements of the New York City Air Pollution Control Code for plaintiff's Arthur Kill generating station was preceded by a quasi-judicial hearing. Therefore, under CPLR 7803(4), judicial review jurisdiction ...
Decision below, 1 ELR 20286 (W.D. Wash. 1971), denying the applicability of NEPA to an ongoing interstate highway undertaking reversed on the basis of Lathan v. Volpe, 1 ELR 20602 (9th Cir. Nov. 15, 1971). Whether a planned highway location will "use" parklands within the meaning of the parklands st...
Motion for interlocutory injunction against continued construction of a nuclear power plant pending full NEPA review of the licensing decision pursuant to Calvert Cliffs Coordinating Committee v. The Atomic Energy Commission, 1 ELR 20346 (D.C. Cir. July 23, 1971), is denied as premature. AEC regulat...
The Director of the West Virginia Department of Natural Resources is ordered to promulgate regulations to implement a 1971 amendment to the state's strip mining statute. The request that the Director be ordered to rescind all surface mining permits issued since the enactment of the statute is denied...
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...