A municipal government which operates an airport is not immune from liability for private nuisance where damages result from jet aircraft noise. California's statutorily provided immunity for public entities is waived by the provision of the state's Civil Code, which codifies the common law of priva...

Plaintiff corridor residents seek a preliminary injunction against further work on the 17-mile Century Freeway (I-105) in Los Angeles County. The motion is granted in part. The Court finds that the requirements of the National Environmental Policy Act apply, since the work has not yet reached that s...

The Supreme Court denied certiorari, thus letting stand the decision of the Second Circuit (1 ELR 20496) that refused to set aside the grant of a license to build an electric generating plant at Storm King Mountain. In dissent, Justice Douglas stated that he would grant certiorari to determine wheth...

Injunction of September 17, 1971, against defendant's discharging any phenols, cyanide, ammonia or sulfides into the Houston Ship Channel in violation of Rivers and Harbors Act of 1899, §13, is modified to permit limited discharges pending completion of an incineration system by June 7, 1972. Defen...

A public nuisance action may be brought either in the county in which the nuisance is committed, or in the county in which the inhabitants are aggrieved. The Jessamine County circuit court has jurisdiction over an indictment returned by the Jessamine Grand jury against the city of Lexington, in Fran...

Plaintiff denied preliminary injunction against defendant's construction in shallow but allegedly navigable waters of a cooling pond for use by its fossil fuel electricity generating plant. Construction of the pond was substantially completed when hearing for preliminary injunction commenced. Whethe...

On appeal from the Western District of Wisconsin, the trial court's grant of a preliminary injunction requiring the preparation of an environmental impact statement is affirmed. Section 102(2)(C) of NEPA is designed to insure that federal agencies consider the environmental consequences of their act...

In prosecution of offenses defined by the Rivers and Harbors Act of 1899, government may not rely solely upon information about oil spills obtained from mandatory disclosures required by the Federal Water Pollution Control Act (FWPCA) since statutory immunity accompanies such disclosures. Statutory ...

Pursuant to the Environmental Protection Agency Report of April 17, 1972, Westchester County, New York, is ordered to take affirmative steps to protect the Hudson River from pollution emanating from the county's garbage dump. The preliminary restraining order issued here requires the county to build...

Maryland's highest court affirms lower court judgment that a Maryland statute that prohibits dredging of all marshlands in one county of the state, including those privately owned, is a valid exercise of the police power to regulate private property and is not a taking of property without compensati...