For the earlier opinion of the district court, see 2 ELR 20443. On rehearing, the court holds that the defendants failed to comply with the National Environmental Policy Act (NEPA), which requires a detailed environmental impact statement. The court orders defendants to give sufficient notice to the...

Losses from torts which are likely to occur in the ordinary conduct of an enterprise should be a required cost of doing business. Thus, a corporation which mines raw coke and sells screened coke is not as a matter of law immune from vicarious liability for a nuisance created by the intermediate scre...

A state statutory scheme allowing a fixed annual amount of industrial discharge, with a surcharge for reasonable excess, is upheld. The scheme is a valid exercise of the police power in the interest of public health. Due process is not denied simply because industry is not allowed to use less costly...

In a class action for preliminary and permanent injunctive relief against construction of a relocated highway segment, the court grants summary judgment to defendants and intervenors. The court holds, inter alia, that: (1) the environmental impact statement was properly prepared even though state au...

The court affirms an order of the Atomic Energy Commission denying a petition to intervene in a licensing proceeding before the Commission. Section 189(a) of the Atomic Energy Act of 1954 does not in literal terms state that any person whose interest is affected by an AEC licensing proceeding may in...

The court affirms a lower court's denial of injunctive relief in a suit seeking to halt construction of a highway segment in Connecticut until a NEPA impact statement has been filed. The court finds that this portion of Route 7 does not constitute federal action since only state funds are to be used...

The court rules that it has subject matter jurisdiction to entertain a suit seeking to halt the discharge by out of state defendants of inadequately treated sewage into a river that forms part of the boundary between Connecticut and New York under the federal common law of nuisance in interstate wat...

The Court of Appeals of Maryland upholds a state statute terminating the strip-mining of coal on state lands, but remands to the lower court the question of whether the coal companies holding mineral rights are entitled to compensation in this particular case. The court declares that the plaintiff c...

The court rejects plaintiffs' contention that waste water effluent limitations under the Federal Water Pollution Control Act Amendments of 1972 can only be set pursuant to a §402 permit proceeding, and grants defendants' motion to dismiss this industry challenge to EPA's regulations setting limitat...

Plaintiffs, although unsuccessful on the merits of their Clean Air Act suit to block construction of two buildings, are awarded court costs and counsel fees against the District of Columbia government. Plaintiffs were unable to prove that the planned construction would prevent the city from meeting ...