The government's petition for a writ of certiorari is denied. The decision below is reprinted at 1 ELR 20574 (see also the court of appeals denial of rehearing and opinion on issues which were reserved in its earlier decision, at 2 ELR 20092). Chief Justice Burger concurs because of the time Supreme...
Suit for $375 trillion damages allegedly incurred by plaintiffs and 125 million Americans living in urban areas as a result of defendants' conspiracy to suppress the development of antipollution devices for automobiles in violation of federal anti-trust laws is dismissed for failure to state a claim...
Commissioner of Public Health did not abuse his discretionary authority when he denied plaintiffs' request for a one-year postponement of the effective date of an air pollution control regulation reducing the permissible sulfur content in fuel oil to 1% (.5% in the Boston Metropolitan Area). The Com...
The state of Hawaii may not bring an action under §4 of the Clayton Act for damages to her general economy and prosperity under a theory of parens patriae. A state has a right-of-action under the antitrust laws to protect her proprietary interests, as where she is harmed by purchasing goods from a ...
Plaintiffs sued in nuisance for damages caused by the clouds of dust raised by the some 1,650 trips made by the defendant's trucks along the dirt road running in front of plaintiff's home. The trips were made for the purpose of delivering water pipe for construction of a new town water supply, and i...
District court dismissal for lack of jurisdiction of a suit alleging injury to riparian rights by upstream industrial polluters is affirmed, because the Rivers and Harbors Act of 1899 does not create a federal cause of action to protect a private right unrelated to navigation or anchorage. District ...
The requirements of the National Environmental Policy Act and §4(f) of the Department of Transportation Act protecting parklands from highway construction except in unusual cases, must both be complied with for any ongoing highway project unless the project has reached such an advanced state of com...
Appellants, farmers living downstream from the city's sewage treatment plant, sought damages for diminished value of their property caused by the inability of the city to treat industrial sewage placed into the stream. The dumping of polluted wastes by a city into a private watercourse constitutes a...
Construction and operation by federal officials of a Courthouse Annex—two nine-story buildings that will house federal offices and 450 people in a Metropolitan Correction Center—is a major federal action under the National Environmental Policy Act of 1969, but this project will not significantly...
The plaintiffs, 18 states, seek to have the Supreme Court hear an antitrust case against the major automobile manufacturers under the Court's original jurisdiction. The complaint charges a conspiracy to retard development of pollution control devices for automobiles. The Supreme Court has discretion...