The court affirms most of a series of Interstate Commerce Commission (ICC) railroad freight rate increases that were challenged for lack of economic justification and on environmental grounds. On the economic issues, the court reiterates the premise that the ICC's decision on whether to suspend a pr...

The court grants petitioner's request for a writ of mandamus directing the lower court to proceed with an enforcement action seeking to compel the Columbus & Southern Ohio Electric Co. (C&SOE) to comply with the fuel boiler emission limitations in Ohio's state implementation plan (SIP) under...

The court dismisses a petition for review of Environmental Protection Agency regulations establishing effluent limitations under the Federal Water Pollution Control Act Amendments of 1972 for slaughterhouses and meat packing plants. Essentially all of petitioners' technical challenges to the regulat...

The court holds unenforceable, for want of proper publication, cooling water intake structure regulations issued by the Environmental Protection Agency (EPA) to implement §316(b) of the Federal Water Pollution Control Act. The regulations at issue are "substantive rules of general applicability" wh...

Plaintiff brought this action pursuant to the Environmental Rights Act, N.J.S.A. 2A:35A-1 et seq., seeking injunctive relief against the widening of the Garden State Parkway. The principal allegations were that defendants had failed to obtain a stream encroachment permit, were destroying trees which...

The Supreme Court of Alabama reverses the granting of an injunction against the construction of a boathouse at the end of a pier extending over a navigable creek. Despite the finding below that the proposed boathouse would constitute a nuisance and a prospective breach of a restrictive covenant appl...

Upon direct review, the Ninth Circuit upholds a finding by the Environmental Protection Agency Regional Administrator that defendant had applied a pesticide in a manner inconsistent with the label instructions in violation of the Federal Insecticide, Fungicide, and Rodenticide Act. The record contai...

The Ninth Circuit denies plaintiffs' motion for an injunction against further work on a proposed dam pending appeal of a lower court's ruling that the Corps of Engineers' revised environmental impact statement (EIS) for the project complies with the requirements of the National Environmental Policy ...

Reversing the district court's granting of defendants' motion for summary judgment, the Ninth Circuit remands a suit brought to enforce a 1953 judgment that had allocated the rights to the waters of the Salmon River. Although the 1953 judgment had declared the river and its tributaries fully appropr...

Denying defendant's motion to dismiss an indictment charging a violation of the state Water and Air Resources Act, the court upholds the constitutionality of the Act as applied. Defendant's rendering plant was charged with emitting "odorous air contaminants." Defendant's argument that the section of...