Three-judge panel affirms district court order voiding Army Corps permit for landfill for proposed Hudson River Expressway. District court properly assumed subject matter jurisdiction under APA and Abbott Lab. v. Gardner. Citizens Committee and Sierra Club have standing because of "adversary" and "l...

Defendant's motion for dismissal granted in qui tam action in which plaintiff was attempting to recover one-half of any fines levied for violations of the Refuse Act by defendant's pulp mill. The court held that if it allowed plaintiff's suit to go forward it would have to determine priority between...

Taxpayer's class action under the National Environmental Policy Act (NEPA) to enjoin the Secretary of Transportation from committing emergency relief funds for road repair under 23 U.S.C. §125 dismissed by court, because the complaint did not state a valid claim for relief. NEPA held to be a declar...

Secretary of Transportation cannot be required to prepare an environmental impact [§102(2)(C)] statement under the National Environmental Policy Act for section of Interstate Highway 90 in Cascade Mountains, because highway location was determined in 1967. Suit for preliminary injunction dismissed....

Highway opponents' allegations that the Secretary of Transportation had failed to make decisions regarding the location and design of a federally funded highway in a public park in the manner prescribed by 49 U.S.C. §1653(f) and 23 U.S.C. §138 and that these decisions were in any event unreasonabl...

Trial court's non-suit after trial of an Atlantic Ocean littoral landowner's action for compensation for foreshore lands reclaimed by the municipality as an erosion-resistant sand berm is affirmed. Under the Submerged Lands Act of 1953, 43 U.S.C. §§1301 et seq., and North Carolina statutory and co...

Plaintiffs' request denied for permanent injunction against construction, in historically and architecturally unique and valuable area, of state prison medical facility funded in part with grant under Safe Street Act of 1968, 42 U.S.C. §3733. Application of National Environmental Policy Act, 42 U.S...

Standing to challenge Corps of Engineers' issuance of permits to Penn Central granted because plaintiffs allege that the permitted dike and fill operation along the foreshore of the Delaware River will cause them injury-in-fact by damaging the environment of the area, blocking a navigable tributary ...

The Secretary of Transportation's approval of federal expenditures for the consturction of a segment of Interstate Highway I-40 through Overton Park is subject to judicial review under §701 of the Administrative Procedure Act, because the federal highway statute which authorized the Secretary's dec...

Minnesota county that permitted contractor to divert water during road construction and to construct dam to contain it on adjacent property is liable to plaintiff for flood damages where plaintiff repeatedly protested of the hazard, despite fact that easement and waiver of liability had been unsucce...