Defendant Federal Trade Commission's motion to dismiss or for summary judgment granted in suit in which plaintiff detergent manufacturers' requested declaratory and injunctive relief restraining the FTC from proceeding further with proposed rulemaking under which, if the rule were adopted, synthetic...
Plaintiffs' request denied for a preliminary injunction against further implementation of the planned North/South Freeway connector in Spokane, because (1) federal causes alleged under (a) Highway Act provisions governing the relocation of persons displaced by freeways, (b) the National Environmenta...
Atomic Energy Commission's denial of request at hearing to consider evidence of nonradiological thermal pollution, and refusal to determine effects of National Environmental Policy Act of 1969 in permit hearings on construction of New York nuclear power station, not reviewable by federal district co...
The United States' reserved rights to water within a particular state's jurisdiction, like any rights to water within a state's jurisdiction that the United States may acquire under state law, are subject to binding decision in courts of the state. The consent-to-be-sued provision of the Reclamation...
State proceedings which determine all rights to the water of a particular river system within a state, although initiated anew each month to adjust rights of new claimants, consitute general adjudication within the meaning of the Reclamation Act, and the United States has consented to be joined in s...
Noise caused by jet aircraft flying over or near residential properties in the neighborhood of Los Angeles International Airport that results in a substantial diminution in the market value of these properties, constitutes a "taking or damaging" of property within the meaning of the California Const...
Chemical herbicide manufacturer granted preliminary injunction restraining Secretary of Agriculture from cancelling the registration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of crabgrass control products for use around the home, unless such action is based upon sufficien...
Riparian owner of dry upland property on shore of navigable lake, who created new dry land out to point of navigability by artificial land fill, is entitled to just compensation upon public taking of new land for highway purposes.
Counsel for Plaintiff:Douglas Head Attorney GeneralEric Shulte Deput...
Where independent government agencies charged with safeguarding natural resources must ultimately approve project involving condemnation, condemning authority must demonstrate that it has a reasonable probability of obtaining approval and that condemnation will not result in irreparable harm should ...
Failure of plaintiff to establish title to submerged land fatal to claim for removal of obstructions to flow of brook and to claim for damages. Even were title to exist, evidence showed defendant and predecessors had not abandoned flowage rights created by dam although dam washout in 1956 was not fu...