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Citizens to Preserve Overton Park v. Volpe

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...

Camp v. Warrington

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...

D.C. Fed'n of Civic Ass'ns v. Volpe

In its decision of issues reserved in D.C. Federation of Civic Associations v. Volpe, 1 ELR 20572 (D.C. Cir. Oct. 12, 1971), the court holds that §23 of the Federal Aid Highway Act of 1968 did exempt the Three Sisters Bridge project from the highway planning provisions of the D.C. Code, but that th...

Concerned Citizens of E. Brunswick v. New Jersey Turnpike Auth.

Settlement order entered in suit to halt widening of a portion of the New Jersey Turnpike whereby the Turnpike Authority agrees to intensify its study of air and noise pollution and to meet noise pollution standards established in cooperation with plaintiffs' experts.
Counsel for PlaintiffsLeonard ...

Chain O'Lakes Protective Ass'n v. Moses

All natural resources in the state of Wisconsin are impressed with a public trust for usage and conservation as a state resource, according to common law. Any statute requiring a riparian owner to obtain a permit to divert water is a derogation from common law and must be construed strictly. Under t...

Citizens for Reid State Park v. Laird

The Department of the Navy has complied with the procedural and substantive duties of the National Environmental Policy Act of 1969 in planning for a mock amphibious landing on Reid State Park, Maine by evaluating the environmental impact of the planned landing operation and alternatives to that act...

Consolidated Edison Co. of N.Y. v. Kretchmer

Environmental Protection Administrator's decision not to permit a six-month variance from requirements of the New York City Air Pollution Control Code for plaintiff's Arthur Kill generating station was preceded by a quasi-judicial hearing. Therefore, under CPLR 7803(4), judicial review jurisdiction ...

Brooks v. Volpe

Decision below, 1 ELR 20286 (W.D. Wash. 1971), denying the applicability of NEPA to an ongoing interstate highway undertaking reversed on the basis of Lathan v. Volpe, 1 ELR 20602 (9th Cir. Nov. 15, 1971). Whether a planned highway location will "use" parklands within the meaning of the parklands st...

Coalition for Safe Nuclear Power v. Atomic Energy Comm'n

Motion for interlocutory injunction against continued construction of a nuclear power plant pending full NEPA review of the licensing decision pursuant to Calvert Cliffs Coordinating Committee v. The Atomic Energy Commission, 1 ELR 20346 (D.C. Cir. July 23, 1971), is denied as premature. AEC regulat...

Brooks v. Latimer

The Director of the West Virginia Department of Natural Resources is ordered to promulgate regulations to implement a 1971 amendment to the state's strip mining statute. The request that the Director be ordered to rescind all surface mining permits issued since the enactment of the statute is denied...