In a public nuisance action brought against the operator of an animal byproduct processor whose manufacturing processes permit nauseating odors to permeate an area, a claim that the Georgia statute which defines public nuisance is unconstitutionally vague will not be sustained. It is permissible to ...
In setting secondary ambient air quality standards for oxides of sulfur, the Administrator of the Environmental Protection Agency must disclose the basis of his decision for the standard he selects. The Clean Air Act Amendments of 1970 state that those air quality standards must be "based on" Criter...
Revocation of a mine drainage permit by the Sanitary Water Board is reversed and remanded because the Board's decision is not supported by substantial evidence. The Board's reliance upon reports prepared by a member of the staff of the Department of Environmental Resources without allowing for cross...
Twelve New Jersey sea coast communities are permanently enjoined from discharging sludge, a product of primary sewage treatment, into the Atlantic Ocean in violation of the Refuse Act. The Atlantic Ocean is a navigable body of water within the meaning of the Act. The discharge of municipal raw sewag...
Plaintiffs sought to enjoin the issuance of a Refuse Act Permit by the Army Corps of Engineers to the Atlantic Richfield Company for discharges into the Puget Sound from Arco's oil refinery at Cherry Point. Plaintiffs argued both that the issuance of the permit was a major federal action significant...
Only the United States government may bring and prosecute an action under the Refuse Act. Private citizens have no right under a qui tam theory to collect any part of the fine by private action.
Counsel for Plaintiff:Alexander PolikoffMarshall Padner109 N. Dearborn StreetChicago, IL 60602
Thomas R...
The Department of Health, Education, and Welfare must prepare an environmental impact statement on the Tri-Services Incinerator Project at the Walter Reed Medical Center, since it constitutes a major federal action under the National Environmental Policy Act.
Counsel for PlaintiffsIrvine B. Nathan1...
Under orders of the federal Environmental Protection Agency, the District was preparing to remove 80% of phosphates from its discharges by the end of 1972. By administrative ruling of the Board, the District was ordered to meet that standard by 1971. The Board denied a variance, but that denial was ...
A municipal ordinance which restricts jet aircraft operation at a privately owned airport within the city limits in an effort to reduce noise pollution violates the Supremacy Clause of the U.S. Constitution, and the lower court's permanent injunction of its enforcement is affirmed. The Federal Aviat...
A suit by California farm workers alleging that the use of pesticides by growers thereatens their health and safety and calling upon the Secretary of Agriculture to consider the environmental effects of those chemicals in the operation of the farm subsidy program is dismissed, since the plaintiffs l...