State attorney general may move under nuisance statute to abate air pollution nuisance from defendant's plant despite more recent and specific legislation empowering department of natural resources to regulate such matters. Nuisance statute was not expressly repealed and, particularly in view of the...

Detergent manufacturers' attempt to enjoin FTC hearings on proposed phosphate labeling rule must fail where plaintiffs make no showing that such hearings would result in substantial hardship. Agency not required to file environmental impact statement on proposed rule prior to hearings, so long as st...

Producers' agreement prior to drilling, to maintain a 2,500-foot distance between wells, did not constitute voluntary integration of gas wells in the Wyckoff Field to achieve the statutorily required purpose of efficient use, because voluntary integration can occur only after spacing of the wells ha...

The Utah State Road Commission is enjoined from removing new billboard erected by plaintiffs because the billboard—although exceeding the size limitations specified in the Commission's permit—is merely a continuation of a prior nonconforming use that has been changed only to the extent contempla...

The provisions of the Urban Mass Transportation Assistance Act of 1970 are designed to protect public parks, wildlife refuges, and historical and cultural assets from needless destruction and are not applicable to a federal grant project to improve the electrification system of the Long Island Railr...

Proposed Massachusetts act that would prohibit any SST plane not capable of limiting its noise level to 108 decibels or less from taking off and landing anywhere in the Commonwealth except in an emergency, would illegally intrude upon an area preempted by Congress. While 1968 amendments to the Feder...

Plaintiff, whose marina was damaged by the drawdown of the water level of Tuttle Creek Reservoir in Kansas by the Corps of Engineers, cannot recover against the United States under the Federal Tort Claims Act because Act exempts discretionary function performed by the government or its agents, "whet...

The Court of Appeals for the First Circuit reverses a judgment holding that the National Environmental Policy Act (NEPA) does not authorize injunctive relief against a private developer where the Department of Housing and Urban Development (HUD), the funding agency, failed to file a required environ...

The United States Court of Appeals for the Fifth Circuit affirms the dismissal of a suit to enjoin permanently any mineral prospecting or mining in the Bankhead National Forest in part because of alleged violations of the National Environmental Policy Act (NEPA). The court holds that, in view of the...

The Court of Appeals for the Ninth Circuit affirms in part and reverses in part a judgment holding that the San Francisco Yerba Buena and West Berkeley urban renewal projects do not require National Environmental Policy Act (NEPA) impact statements. The court holds that, in the case of urban renewal...