Where plaintiff requested certain documents in June 1971 and FPC, "after considerable temporizing," announced they were available for public inspection in October 1971, Commission must deliver file to New York for three-day period of inspection by counsel for plaintiffs. Plaintiffs, however, have no...
Urban Renewal Authority exercising delegated police power may require a public utility to relocate electric transmission wires underground in area of a planned renewal project, without compensating the utility for the cost of the relocation. Permits to utilities for use of such areas may be conditio...
Where amendment to Federal Water Pollution Control Act requires any federal agency having jurisdiction over any real property or facility to comply with state and local water quality standards "consistent with the paramount interest of the United States as determined by the President," and where pre...
District court decision reversed as to federal appellees, affirmed as to state appellee. Administrators of Law Enforcement Assistance Administration (LEAA) must comply with provisions of NEPA and National Historic Preservation Act (NHPA) in considering grants to state agencies under Safe Streets Act...
When read in conjunction, the Taylor Grazing Act and the Recreation and Public Purposes Act of 1954 render void the filing of mining claims on lands classified by the Secretary of Interior for recreation purposes. While this interpretation runs counter to a "natural reading of the pertinent statutor...
The Secretary of the Interior is required by 25 U.S.C. §415 to approve any lease of Indian lands. On May 24, 1970, the Secretary approved such a lease which contemplated developing a small city near the pueblo of Tesuque. The plaintiffs sought an injunction preventing the lease from becoming effect...
Plaintiff's action for damages and injunctive relief against 293 named municipalities and industries on behalf of himself and the 7,119,184 residents of Los Angeles County based upon the alleged air polluting activities of the defendants was properly dismissed as an improper class action that sought...
An ordinance passed by the city of Bowie requires a deposit of at least 5 cents to be paid on all soft drink and malt beverage containers sold in the city. The City Manager is empowered to enter stores to inspect for violations. The plaintiffs, soft drink bottling companies and liquor retailers, cha...
On remand from the Supreme Court, see Citizens to Preserve Overton Park, Inc. v. Volpe, 1 ELR 20110 (U.S. Mar. 2, 1971), the district court finds that Secretary Volpe, contrary to his testimony, did not consider alternative routes prior to his approval of the use of parkland for the highway. Moreove...
The trial court's denial of a motion to dismiss a suit alleging that the construction and operation of a private airport would constitute a nuisance and therefore should be enjoined is affirmed. Where there is a reasonable certainty that irreparable harm will result from the operation of an otherwis...