Fifth Circuit adopts district court holding that doctrine of laches bars class action by concerned users of New Orleans city park to enjoin in-progress construction of a six-lane, federal-aid highway through the park. Doctrine of laches can apply to a suit brought by private citizens asserting a pub...
In an order reversing the lower court (see Scenic Hudson Preservation Conference v. Diamond, 2 ELR 20207, for the lower court opinion), the appellate court held that the State Commissioner of Environmental Conservation could issue a certificate required by §21(b) of the Federal Water Pollution Cont...
"Tentative allocations" of federal aid to an airport project, followed by an application for funds, do not sufficiently federalize an airport runway project so as to require an injunction of construction already begun by the applicant before the putative grantor of funds has filed an impact statemen...
Where for more than 20 years members of the public had freely and openly used an area of beach for recreation, and where the city had exercised police powers over the area (including trash removal and enforcing parking prohibitions), the holder of the title to the property may not use the land to bu...
Wisconsin law establishing procedures for voiding Department of Natural Resources sewerage connection orders to municipalities does not violate the public trust doctrine nor constitute an unlawful delegation of legislative authority. Public trust doctrine has developed with regard to navigable water...
In this suit, challenging the building of an observation tower overlooking the Gettysburg Battlefield, the Commonwealth Court remanded the case for further evidentiary hearings. The remand instructions ordered the court to hear and consider any evidence, including evidence available but excluded at ...
The plaintiffs, a municipality and a manufacturer, are entitled to an order preventing the defendant landowners from interfering with a valid easement to use a drainage ditch for clear water disposal. The action of the defendants in blocking the ditch and thus forcing the closing of the plant was ex...
Persons living respectively three miles and one-and-one-half miles from the site of a proposed 1,700 acre residential, commercial, and light industrial development and who have merely driven over the area or trespassed on the land once or twice a month do not have standing to raise the issue whether...
The decision of the court below (see 1 ELR 20389) is affirmed by the Seventh Circuit, thus permitting construction of an expressway in Fort Wayne, Indiana.
Counsel for PlaintiffsRichard C. Ver WieheLebamoff, Ver Wiehe & Snow1310 Anthony Wayne Bank BuildingFort Wayne, IN 46802
Counsel for Defen...
Title 6-A of the Environmental Control Act of 1970 (Ill. Rev. Stat. 1970 Supplement, Chap. 111 1/2, §1025a), authorizing state regulation and control of atomic radiation from nuclear power generating facilities, is found unconstitutional, as preempted by congressional action. Northern States Power ...