Plaintiffs' motion granted for preliminary injunction preventing defendants from proceeding with the lease of approximately 80 tracts on the Outer Continental Shelf off eastern Louisiana for purposes of oil exploration. The Interior Department's final impact statement failed to mention certain alter...
Appealing from a district court's issuance of a preliminary injunction halting bids for leases for oil and gas on the outer continental shelf lands off Louisiana, the government filed a motion for summary reversal. The court of appeals held that the discussion of the effects of alternative courses o...
In a quiet title action, the owner of tidelands (i.e., lands lying between the mean high and low tide) under an 1874 patent from the state, sought a declaration that he had a right to fill and develop the tidelands, even though a portion of those lands were in front of the defendant's property facin...
New Jersey statute authorizing New Jersey Sports and Exposition Authority to use state-owned tidelands in the Hackensack Meadowlands as the site for a sports complex does not violate the public trust in these lands and is not inconsistent with the provisions of New Jersey law that dedicate state-own...
Construction and further development of a federally assisted highway is preliminarily enjoined in a suit alleging the Secretary of Transportation's noncompliance with the National Environmental Policy Act (NEPA). Defendants' motion to suspend the preliminary injunction is denied because it appears t...
For the opinion of the Court of Appeals for the District of Columbia (dated January 13, 1972), see 2 ELR 20029. On remand, the District Court holds that the document styled "Addendum to the Final Environmental Impact Statement" filed by the Department of the Interior on January 17, 1972, does not co...
A state statute that attempts to prevent the pollution of the state's territorial waters by the shipping industry violates Article III, Section 2 of the United States Constitution because that statute would change substantive maritime law. Both state statute and the federal Water Pollution Control A...
The district court decision that enjoined the Secretary of Interior's grant of federal Land and Water Conservation funds to Texas for acquisition of lands on Mustang Island for park purposes, Johnson v. Russell, 1 ELR 20481 (W.D. Tex. Feb. 12, 1971), reversed because plaintiffs lack standing to chal...
The public policy of New York, as embodied in the Public Health Law, forbids the discharge of fuel and oil into Jamaica Bay at the Kennedy Airport. It is no defense that the airport is only one of many polluters, nor that abatement will be difficult, nor that the problem is now being studied by a co...
A municipality may enforce a city ordinance barring jet aircraft from taking off from the city airport during the night hours. There has been no federal preemption of this area. No conflicting federal regulations have been found, and when there is no conflict, local law may reinforce federal concern...