Downstream riparian landowners are third-party beneficiaries to contract between defendant and city whereby defendant obligates itself to remove and eliminate from its deposits into city sewer system refuse, offal of fowls, blood, wastes, and other offensive material and negligently fails to do so c...
Scheduled hearings on the Uncompahgre Primitive Area under the Wilderness Act are not sufficient to discharge defendants' obligations under that Act. Defendants must convene a further hearing to determine if lands contiguous to the existing Primitive Area, or adjacent lands within the Area, are of w...
District Court's grant of preliminary injunction preventing highway project's disruption of historic "Tuchahoe Plantation," 1 ELR 20369 and Circuit Judge Butzner's extension of that injunction to include bar of condemnation pending final outcome of the suit, 1 ELR 20370, affirmed.
Counsel for Plain...
Refusal of Vermont Water Resources Board to permit construction of dam to impound lake to enhance recreational attractiveness of residential area neither arbitrary nor capricious where witnesses testified dam would harm sports fishing, damage stream bed and hamper white water canoeing. Balancing the...
Defendant's motion to dismiss Refuse Act prosecution denied. Statute forbids discharge from production platform even though the term is not specifically mentioned in the legislation. Offense is malum prohibitum and requires no scienter. Refuse Act not superceded by Federal Water Quality Improvement ...
Defendant's motion for dismissal of Refuse Act information denied. Discharge of refuse forbidden by Act is malum prohibitum and scienter is not an essential element of the offense. Defendant's contention that Act does not prohibit discharge from a "production platform," is affront to common sense si...
Acquisition of land by state highway department pursuant to federal aid highway program for use in an Interstate Highway Project enjoined pending state and federal compliance with relocation provisions of federal highway law and the National Environmental Policy Act (NEPA). To assure the adequate re...
Appellants' suit to enjoin appellees from storing chemical and biological weapons at the Rocky Mountain Arsenal must fail, because the government is immune to suit. Appellees' actions were clearly within defendants' scope of authority as set forth in the U.S. Constitution and the Military Storage Ac...
In this further opinion on the recovery allowable for the damage caused by sonic booms from test aircraft, the Tenth Circuit overrules Kirk v. United States, 1 ELR 20251 (W.D. Okla. 1971), on the grounds that the Tucker Act does not afford relief either on the theory that the sonic boom damage was a...
Defendants enjoined from continuing work on highway project through city of Vermillion until environmental impact statement required by §102(2)(C) of NEPA is filed. Although better rule is that NEPA applies retroactively, citing 1 ELR 50048, such a holding is not necessary for decision where final ...