A developer of a proposed housing project must undertake certain actions ordered by the court under the Michigan Environmental Protection Act in order to preserve the environmental amenities of the area. The Act is constitutional when the phrase "likely to pollute, impair or destroy . . ."...
The State of New York seeks by mandamus to compel the Corps of Engineers to comply with NEPA in issuing sewage sludge and dredge spoil dumping permits in the New York Harbor area. The motion is denied, since defendants have complied with §102(2)(C) by preparing an impact statement, and §§102(2)(A...
The provisions of New York's Mason Law which, inter alia, forbids the sale of articles made from crocodile skins, apply to a person who holds watchbands in the state and purports to sell them in other states in a manner so that technically the sales are consumated outside New York State. Such sales ...
Colorado's air pollution control statute and agency proceedings thereunder resulting in denial of a variance request are upheld by state supreme court. Air pollution is a legitimate subject of legislation under state police power. Statute is adequate under test for legislative standards since it des...
The borough of Avon-by-the-Sea violates the public trust doctrine in charging non-residents higher fees than residents for the use of its beach area. The land from mean high tide seaward is owned by the state in fee simple. The upland sand area above mean high tide is owned by the municipality, a po...
On a petition for review of an order of the Federal Communications Commission, held, that NEPA does not apply to the construction of a telephone exchange building by the Pennsylvania Bell Telephone Company. The court finds no federal action, since the Communications Act of 1934 specifically excludes...
On remand from the Ninth Circuit, the court continues a preliminary injunction against construction of highway I-90 in the Seattle area pending defendants' compliance with NEPA and a valid §4(f) determination. In order to meet statutory requirements, a final impact statement must respond to questio...
The National Environmental Policy Act is applicable to projects even when the basic federal action has taken place prior to NEPA's effective date so long as some federal approval or action remains undone. In the case of the Park Free-West project in Milwaukee, although 99% of the proposed right-of-w...
There is little or no reason to require more than a nominal bond from plaintiffs who are seeking to enjoin a stream channelization project on the grounds that no adequate impact statement had been filed. The plaintiffs, who have no financial stake in the controversy, are acting as private attorneys ...
The United States may seek an injunction under the Refuse Act requiring operators of lake vessels to observe detailed antipollution regulations including use of certified personnel and installation of safety appliances. Under the rule enunciated in Illinois v. City of Milwaukee, 2 ELR 20201 (U.S. 19...