Under Kentucky law, whether a deed of mineral rights includes the right to strip mine coal depends upon whether the parties intended the mineral owner's rights to use the surface to be superior to any competing right of the surface owner. A 1919 deed which conveyed mineral rights in language that is...

A public nuisance action for a mandatory injunction to force control of emissions from five coal-burning electric generating plants was brought by the state, two conservation groups and a named individual. The electric utility companies operating the plants (in the Four Corners area) filed a motion ...

Applying the reasoning of Peabody Coal Company v. Pasco, 2 ELR 20007 (6th Cir. Dec. 15, 1971), the deed in this case did not evidence an intent by the parties to convey to the mineral grantee the right to strip mine coal.
Counsel for PlaintiffsClarence BartlettMarvin P. Nunley302 Masonic BuildingOw...

The Secretary of the Army has the authority under the Rivers and Harbors Act of 1899 to permit the dredging and filling of the Columbia River for purpose of the extension of a runway of the Portland International Airport without first obtaining congressional approval because the resulting structures...

The Secretary of Transportation acted within the scope of his authority when he determined that there is no feasible or prudent alternative to the use of the Genesee Valley Park lands for the location of the Rochester Outer Loop and that all possible planning for the minimization of harm to the park...

The operation of a rendering plant which emits noxious odors and stream-polluting wastes interferes with the use and enjoyment of nearby private property and therefore constitutes a private nuisance, actionable by private-property owners and others who can show injury to their private rights. That d...

The United States brought this action in 1949 to quiet its title to waters impounded by the Colorado-Big Thompson Project and to establish its obligations under a Congressional mandate requiring provision of adequate irrigation for lands adversely affected by the Project. Yust and other landowners i...

Riparian owners may not obstruct access to, and use of, a river that the lower court properly found to be navigable because it was suitable for recreational boating. The bridge, fences, and other obstructions constitute a public nuisance and the lower court's order requiring their removal is affirme...

Plaintiffs' motion granted for preliminary injunction preventing defendants from proceeding with the lease of approximately 80 tracts on the Outer Continental Shelf off eastern Louisiana for purposes of oil exploration. The Interior Department's final impact statement failed to mention certain alter...

Appealing from a district court's issuance of a preliminary injunction halting bids for leases for oil and gas on the outer continental shelf lands off Louisiana, the government filed a motion for summary reversal. The court of appeals held that the discussion of the effects of alternative courses o...