Owners of property adjoining the proposed site of 76 apartments in Burlington, Vermont, have the right to appear as parties at hearings before the Environmental Board on appeal from a District Environmental Commission order denying an environmental permit for those apartments. Because the hearings b...

Federal district court dissolves a preliminary injunction of the Chicod Creek Watershed Project for plaintiff's failure to file his required security bond pursuant to Rule 65(c) Fed. Civ. The court also denies plaintiff's motions for reconsideration, stay and continuation, and expedited trial. Preli...

A zoning board may lawfully deny the operator of a ski area and resort a permit to conduct snowmobile races and outdoor concerts where the zoning ordinances forbid the operation of a racetrack in the area.
Counsel for AppellantLouis SagerSager & Sager Associates45 High StreetPottstown, PA 19464...

Plaintiff, Sierra Club, now moves to amend its complaint by adding allegations of injury to its aesthetic, conservational, and recreational interests. These are precisely the kind of allegations that the Supreme Court noted were absent from the original complaint, Sierra Club v. Morton, 2 ELR 20192,...

In action to restrain defendant from placing fill in navigable waters of Lake Cayuga adjacent to his property without first obtaining permit, several affirmative defenses are dismissed and one added. Six-year statute of limitations in New York statute pertaining to "spoliation" is no defense since t...

An owner of land under a patent expressly "subject to vested and accrued water rights for mining, agricultural, manufacturing or other purposes" may not bar members of the public from using the stream for fishing and boating purposes. The state ought to regulate fishermen's use of a particular strea...

The appeal of 99 quarantine inspectors stationed at various points of entry into the United States from a Trial Commissioner's decision denying both their claim for overtime pay and for hazardous duty pay is affirmed by the Court of Claims. The inspectors argued that they were entitled to hazardous ...

Plaintiff Students Challenging Regulatory Agency Procedures (SCRAP) obtains an order preliminarily enjoining defendant Interstate Commerce Commission from permitting—and intervenor railroads from collection—that portion of a 2.5 percent across-the-board freight rate surcharge that would apply to...

Railroads' and Interstate Commerce Commission's application for stay of preliminary injunction pending appeal is denied. (For text of lower court opinion granting preliminary injunction, see 2 ELR 20487). Three-judge court's decision below may raise serious questions of standing and judicial review ...

New Jersey state agency's plans for controlled development of its Meadowlands are enjoined as in conflict with the right of a federally certified natural gas company to expand its storage facilities on land acquired by it prior to enactment of the state land use plan. States may place reasonable res...