The Supreme Court holds that Rule 23(c)(2) requires the plaintiff in a class action on behalf of all odd-lot traders using the New York Stock Exchange to send individual notice to all members of the class who can be identified with reasonable effort. Such individual notice is clearly the "best notic...

The court enters a consent judgment providing for limitations on road facilities and conservation pool construction on the B. Everett Jordan Dam project and for the completion of a supplementary water quality environmental impact statement. The judgment also provides a further opportunity for judici...

The Supreme Court of Pennsylvania reverses a decision of the Commonwealth Court and grants the state Department of Environmental Resources (DER) a permanent injunction on theories of public and statutory nuisance against discharge of acid drainage from a closed, inactive coal mine into a stream.The ...

The court denies plaintiff's motion for attorney fees and holds that although §304(d) of the Clean Air Act permits the granting of such fees to a losing party, the equities in this case make such an award inappropriate. The defendant acted with reasonable diligence and good faith in attempting to a...

The court dissolves an injunction against construction previously granted for inadequacy of an interstate highway segment's environmental impact statement. The court, on application by the defendant Volpe, finds that the newly-submitted impact statement complies with the procedural requirements of N...

The environmental impact statement for the proposed Warm Springs Dam in California satisfies the requirements of NEPA since it thoroughly discusses and reveals the potential environmental effects of the project and its alternatives. The court therefore denies plaintiffs' motion for a preliminary inj...

The zone of interests protected under NEPA does not include one hospital suing to enjoin construction of a competing hospital under an aircraft flight path, and plaintiff thus lacks standing to assert a claim under the Act. As a corporation, plaintiff cannot assert an injury to its aesthetic enjoyme...

The Eighth Circuit Court of Appeals reverses a lower court's ruling that plaintiffs lack standing to maintain an action seeking to enjoin construction of a proposed "new town" project for lack of compliance with the requirements of NEPA. Plaintiffs' allegations of injury in the form of increased aut...

Defendant land developer's preliminary objection to the lack of specificity of plaintiff's complaint is sustained, and leave is granted to the Commonwealth to amend its complaint to state the location of the land from which the soil allegedly washes into Commonwealth waters. Defendants' second demur...

Plaintiff cannot maintain civil qui tam action under §411 of Rivers and Harbors Act of 1899 for recovery of criminal fine provided for unauthorized polluters of navigable waters because informer's right to one-half fine collected vests only after conviction in criminal proceeding which he cannot in...