On appeal from the Northern District of Illinois, held that the National Environmental Policy Act does not create substantive rights, and does not apply to a tollway extension undertaken without the participation of any federal agency and without any federal funds. The dismissal for failure to state...
The determination by the Department of Housing and Urban Development that no environmental impact statement was required under the National Environment Policy Act of 1969 prior to the Department's approval of assistance for construction of a 66-unit apartment project was not arbitrary and capricious...
After in camera inspection, the district court orders Interior, pursuant to the Freedom of Information Act (FOIA), to produce certain portions of the $6.8 million National Outdoor Recreation Plan which had been scheduled for release in 1968. Interior argues (i) that FOIA exemption (5) for "inter-age...
A 1965 Department of Housing and Urban Development grant for waterfront redevelopment, half of which was still to be disbursed after January 1, 1970, is a major action with continuing federal involvement, and requires an environmental impact statement under NEPA. Particular parts of the project are ...
Construction of a large development pursuant to county approval is stayed pending the preparation of an environmental impact study under the state's Environmental Quality Act of 1970.
Counsel for PlaintiffJohn C. McCarthy100 Pomona Mall WestPomona, CA 91766
Counsel for DefendantsReid, Babbage &...
A chemical plant's emission of noxious odors that has been enjoined as a public nuisance also constitutes a private nuisance to all property owners who can prove that the chemical plant's emissions materially diminished the value of their property. The chemical company's actions also constitute acti...
A county zoning ordinance that prohibits the use of land zoned agricultural for the storage of junk is reasonably related to interests of the community that may be protected through exercise of the police power. The legislation delegating the state's zoning power recognizes as valid purposes of zoni...
A citizen suit seeking to enjoin state court review of Illinois's implementation plan under the Clean Air Act, on the basis that transmission of the completed plan to the Environmental Protection Agency (EPA) would be delayed beyond the statutory time limit, is barred by the federal anti-injunction ...
A decision to change the location of I-90 in the vicinity of North Bend, Washington, had a rational basis and was not arbitrary and capricious. The provisions of 23 U.S.C. §138 on preservation of parklands do not apply to a privately-owned waterfowl refuge. Plaintiff property owners prevail on thei...
In this suit to enjoin expansion of Connecticut Route 7, although design approval could have been obtained prior to the effective date of the National Environmental Policy Act (Jan. 1, 1970), post-NEPA design approval is not exempted from compliance with the Act. Nor can Policy and Procedure Memoran...