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...

The court grants defendant's motion to dismiss, ruling that the appropriate forum for challenges to the Environmental Protection Agency's initial steps in regulating "major sources of noise" under the Noise Control Act of 1972 is the United States Court of Appeals for the District of Columbia Circui...

The court affirms a lower court's judgment dissolving an injunction against the approval of federal funding for construction of a highway segment through Genessee Valley Park near Rochester, New York. The trial court was not clearly erroneous in determining that the project environmental impact stat...

The court denies plaintiffs' motion for a preliminary injunction against disbursement of federal funds under the Local Public Works Act for the construction of storm sewers in a newly annexed area of Eugene, Oregon. Plaintiffs have not shown that they will probably prevail on the merits of their cla...

The court sets aside the Environmental Protection Agency's (EPA's) veto of state-proposed modifications in petitioner's national pollutant discharge elimination system (NPDES) permit that would allow low-flow augmentation to meet water quality standards. The court rejects defendant's contention that...