New York City ordinance which imposes a 2-cent tax on the sale of plastic containers, in order to promote recycling and to reduce solid waste disposal problem, appears to lack a rational basis for discriminating against plastic, because it does not impose similar taxes on paper, fibre, glass, metal,...
Opinion of district court, 1 ELR 20157, enjoining Interior Secretary from cancelling helium purchase contract prior to filing environmental impact statement under NEPA, affirmed. Assertion of NEPA argument by appellees supplies federal question necessary for jurisdiction. Similarly, alleged NEPA vio...
Secretary of Interior's grant of federal funds to Texas for acquisition of lands on Mustang Island for state park purposes pursuant to Land and Water Conservation Fund Act, 16 U.S.C. §§4601 et seq, set aside because not in accordance with statewide comprehensive outdoor recreation plan as required...
District Court injunction of a timber sale in the East Meadow Creek Area of the White River National Forest is affirmed because the discretionary authority of the Secretary of Agriculture and Forest Service to determine which areas of the National Forests should be studied for possible preservation ...
Appellants have failed to prove Sanitary Water Board abused discretion in sanctioning strip mining operations by bituminous coal company where the approved plan of operations contained extensive provisions for combating siltation and where the Board indicated it would approve facility before permitt...
Petitions for review which sought to have set aside an order of the Federal Power Commission granting a license for construction of a pumped storage project on the Hudson River at Storm King Mountain denied. The Commission's order, now modified in accordance with the court's remand in Scenic Hudson ...
Judgment of possession for the United States in a condemnation proceeding initiated to acquire land for a Corps of Engineers flood control dam project authorized in 1938 vacated and the government's motion to strike defenses denied because the failure of the Corps of Engineers to comply with the pro...
Refuse Act confers equity jurisdiction on federal district court enabling it to enjoin discharge of cyanides, phenols, sulfides, ammonia and other volatile matter into Houston Ship Channel. Such matter not within streets and sewers exemption of Refuse Act. Court will exercise pendant jurisdiction to...
Forest Service's sale of timber in the East Meadow Creek Area of the White River National Forest and the harvest of that timber by a lumber company enjoined pending a determination by the president and Congress regarding the inclusion of the East Meadow Creek Area in a wilderness area to be created ...
District court grant of summary judgment for defendants in case brought by 33 congressmen seeking disclosure of documents pertaining to environmental hazards of underground Cannikan nuclear test reversed and remanded for further consideration. Freedom of Information Act of 1970 supercedes 1953 execu...