Under Michigan's Environmental Protection Act of 1970, a court has authority to direct the adoption of a standard designed to protect the environmental interests tht the Act protects, notwithstanding a prior determination of standards by the Water Resources Commission. A township's dumping of pollut...
In action against three chemical manufacturers to abate mercury pollution of Lake Erie and its tributaries, plaintiff's motion for remand from federal district court to state court granted since removal of the action was improper under 28 U.S.C. §1441 (a). There was no basis for original federal di...
The Sanitary Water Board may not under the "Clean Streams Law" require the operator of a deep mine, as a condition to the discharge of his own mine drainage, to treat waters of the Commonwealth that have flowed or seeped into the operator's active mine from an underground pool formed by inactive ind...
The Corps of Engineers does not have the authority under the Rivers and Harbors Act of 1899 and the National Environmental Policy Act to prohibit the construction of a power plant on land filled with its permission in 1952. However, a Corps discharge permit and NEPA review will be necessary before t...
Plaintiff property-owner sought to enjoin defendant Corps of Engineers' construction of the Laneport dam and reservoir on the San Gabriel River. Held, that significant alternations in the project plans reducing reservoir capacity and the cost-benefit ratio and increasing project cost fourfold are wi...
Damages resulting from sonic booms generated by military aircraft are not recoverable from the federal government on the theory of strict liability for ultrahazardous activity even though the law of the situs state renders a person who creates a sonic boom absolutely liable for resulting damages. Th...
Importer of men's shoes made of alligator, caiman, or crocodile skins enjoined under New York State law (Agriculture and Markets Law §385-a) from further offering such shoes for sale. Although importer does not stock or warehouse such shoes in New York, its New York operation serves as the moving f...
An economic poison is not "misbranded" under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 7 U.S.S. §§135-135k, if, when used according to the directions on the label, no harm will result. The rule announced in Environmental Defense Fund v. Ruckelshaus, 1 ELR 20059 (D.C. Cir. 197...
Citizen-taxpayers may not obtain a writ of mandamus to compel city officials to enforce the city's pollution control ordinances against industries alleged to be polluting a river where the city officials, in their answer, deny that the industries in question are acting in violation of the law. The o...
On April 6, 1970, the Judicial Panel on Multidistrict Litigation consolidated for pretrial proceedings in the Central District of California a nationwide group of private treble damage suits against the major automobile manufacturers and their trade association alleging a comspiracy to restrain the ...