The Massachusetts Supreme Judicial Court rejects a constitutional and statutory challenge to a Brookline bylaw prohibiting off-premise advertising signs in any residential, industrial or business zone. The town acted properly within powers delegated by statute and administrative rule. "[A]esthetics ...
The court enjoins, as violative of NEPA, most of the United States Forest Service's (USFS') timber sales and logging activities in the Fox Planning Unit of the Six Rivers National Forest in California. A timetable is established for environmental impact statement (EIS) preparation leading up to fina...
In an action involving logging in national forests around Calder Bay, Alaska, the court enjoins the cutting of all trees which are not large, physiologically matured, or dead, and individually marked. Adhering to the Fourth Circuit's decision in West Virginia Division of the Izaak Walton League v. B...
The Forest Service is permanently enjoined from engaging in or permitting others to log areas contiguous to virgin forest in the Boundary Waters Canoe Area (BWCA) in Minnesota.The court finds that six of the seven active timber sales in the Portal Zone, which surrounds the Interior (no-cut) Zone, co...
In an eminent domain proceeding, the court holds that appellant landowners are not entitled to enhancement of the value of their land due to construction of the Toledo Bend Dam and Reservoir. Enhancement value is recoverable only if the land being condemned is outside the scope of the original proje...
In separate opinions, the Alaska Supreme Court holds that the Department of Natural Resources (DNR) violated statutory requirements for consultation with local governmental before issuing oil leases in Kachemak Bay, but gives its ruling prospective effect only, and remands the case for a determinati...
Defendants have complied with the relevant requirements of the Housing and Community Development Act of 1974 (HCDA), 42 U.S.C. §§5301 et seq. and NEPA, 42 U.S.C. §§4321 et seq. in applying for federal funding, in the form of a block grant, for a community development plan in Kingston, New York. ...
The Ninth Circuit, affirming a lower court's finding of negligence on the part of Utah Power, operator of the Bear River-Bear Lake water storage system, holds the company liable for flood damage to downstream property. Utah Power's assertion that it had no duty to control flooding must be rejected b...
The court refuses to dismiss an action challenging the opening of a cut through Beaucatcher Mountain near Asheville North Carolina for freeway construction, but denies plaintiffs' motion for preliminary injunctive relief. Plaintiffs clearly have standing since members of their association live on or...
The Court of Appeals vacates a lower court's stay of federal grand jury proceedings investigating possible violations of Pennsylvania's Clean Air Act implementation plan. The district court held the investigation could not proceed concurrently with state enforcement proceedings against the same poll...