Motion to reinstate judgment of possession in a proceeding to condemn land for an Army Corps of Engineers dam project is denied. In an earlier decision, United States v. 247.37 Acres of Land, 1 ELR 20513 (S.D. Ohio Sept. 9, 1971), the judgment was vacated because the Corps had not complied with NEPA...

The petitioner, a development subsidiary of ITT-Levitt & Sons owning land in the county, appeals the Board's denial of a petition for a zoning change from Agricultural (with a minimum lot size of 3 acres) to Planned Community, allowing a gross density of fourteen persons per acre. A similar, tho...

The defendant cement factory, which emitted 27,000 pounds of cement dust per day settling on the property of the plaintiffs, constituted a nuisance. The continued operation of the plant without any filtration system constituted express malice in view of the fact that filtration systems were used on ...

Soil Conservation Service stream channelization project is enjoined for failure to file a NEPA environmental impact statement. Because the project is a major federal action that would significantly affect the quality of the environment, mere study and modification of the project's impact does not sa...

In instituting their successful challenge to the malapportionment of the Alabama Legislature, plaintiffs have served in the capacity of private attorneys general to enforce the rights of the class they represent. Because they have benefited their class and effectuated congressional policy, they are ...

A party has standing to seek judicial review under the Administrative Procedure Act only if he can show that he himself will suffer injury as a result of the challenged administrative action. The injured interest is not limited to economic values and indeed may reflect aesthetic, conservational, or ...

Federal courts have power to create federal common law concerning pollution of interstate or navigable waters. The remedies that Congress provides are not necessarily the only federal remedies available, nor do they necessarily mark the outer bounds of federal common law on the subject. Federal comm...

The New York State Commissioner of Environmental Conservation—in issuing a certification that the pumped storage hydroelectric facility to be located at Storm King Mountain near Cornwall, New York, met applicable water quality standards—acted in excess of his jurisdiction by failing to consider ...

The Federal Power Commission's bare conclusions in the grant of a pipeline certificate that had been remanded to the FPC for articulation to enable the parties adversely affected to criticize the action more effectively and to facilitate judicial review will be accepted where such conclusions are no...

In a pretrial ruling to isolate the issues in a suit to enjoin a Corps of Engineers stream-channelization project on the Obion and Deer Fork Rivers, the court holds that the Fish and Wildlife Coordination Act and the National Environmental Policy Act of 1969 prohibit further construction of the proj...