Plaintiff business proprietors seek to enjoin further construction of parkway overpasses for noncompliance with NEPA. The court characterizes the case as "spurious," since plaintiffs' concerns are not environmental but relate to a threatened loss of business. NEPA creates procedural remedies, not su...
On appeal from the Middle District of Alabama, held, that NEPA is not applicable to highway construction changes that had been contemplated in a design that complied with all required standards when originally approved. The court also finds no merit in plaintiffs' contention that federal officials c...
Oregon Pacific Ocean shore-lands which have been used by the public as public recreational land, according to unbroken custom running back in time as long as the land has been inhabited, are impressed with a public easement for recreational purposes. A state statute recognizing this easement and est...
A Department of Housing and Urban Development "Special Environmental Clearance Worksheet" prepared on a $4,000,000 mortgage guarantee and $156,000 interest grant for a 138-unit housing project does not, on motion for a preliminary injunction, appear to satisfy the impact statement requirement of the...
The People of the State of Illinois, represented by the Attorney General, William J. Scott (hereinafter, the "State of Illinois"), The Izaak Walton League of America, the Illinois Division of the Izaak Walton League of America, the Iowa Division of the Izaak Walton League of America, the Davenport, ...
Appellant's otherwise lawful cattle feedlot operation, which became a public nuisance after the nearby development of a residential area, is permanently enjoined from operation, but appellee residential developer must indemnify appellant for a reasonable amount of the cost of moving or shutting down...
The federal Clean Air Act (42 U.S.C. §1857) does not preempt New York City from enacting an ordinance requiring exhaust emission controls for licensed taxicabs, where there is no clear congressional intent to preempt the field and where there is no direct conflict between the local and federal sche...
A stipulated judgment in a civil action to enforce the Refuse Act and the New York Harbor Act requires the defendants—present and prior owners of the discharging plant—to dredge the Hudson River of 20 years accumulation of the toxic metal, cadmium, which resulted from their illegal discharges. T...
The plaintiffs, landowners in New Mexico, sought to enjoin the fencing of property purchased from then by the Bureau of Reclamation on the grounds that the fencing would be arbitrary and capricious and that no action could be taken until an environmental impact statement was filed pursuant to NEPA. ...
A municipal government which operates an airport is not immune from liability for private nuisance where damages result from jet aircraft noise. California's statutorily provided immunity for public entities is waived by the provision of the state's Civil Code, which codifies the common law of priva...