Construction and further development of a federally assisted highway is preliminarily enjoined in a suit alleging the Secretary of Transportation's noncompliance with the National Environmental Policy Act (NEPA). Defendants' motion to suspend the preliminary injunction is denied because it appears t...
For the opinion of the Court of Appeals for the District of Columbia (dated January 13, 1972), see 2 ELR 20029. On remand, the District Court holds that the document styled "Addendum to the Final Environmental Impact Statement" filed by the Department of the Interior on January 17, 1972, does not co...
A state statute that attempts to prevent the pollution of the state's territorial waters by the shipping industry violates Article III, Section 2 of the United States Constitution because that statute would change substantive maritime law. Both state statute and the federal Water Pollution Control A...
The district court decision that enjoined the Secretary of Interior's grant of federal Land and Water Conservation funds to Texas for acquisition of lands on Mustang Island for park purposes, Johnson v. Russell, 1 ELR 20481 (W.D. Tex. Feb. 12, 1971), reversed because plaintiffs lack standing to chal...
The public policy of New York, as embodied in the Public Health Law, forbids the discharge of fuel and oil into Jamaica Bay at the Kennedy Airport. It is no defense that the airport is only one of many polluters, nor that abatement will be difficult, nor that the problem is now being studied by a co...
A municipality may enforce a city ordinance barring jet aircraft from taking off from the city airport during the night hours. There has been no federal preemption of this area. No conflicting federal regulations have been found, and when there is no conflict, local law may reinforce federal concern...
Injunction against the operation of a rendering plant in a manner that constitutes a private nuisance is modified on appeal to allow the plant owner to abate the nuisance by the installation of equipment that will prevent the odor-causing emissions. The award of damages by the trial court is affirme...
Preliminary injunction of administrative cancellation of registration proceedings, which were initiated under FIFRA against weed and pest killers containing arsenic trioxide, is set aside. Until the actual decision to cancel or not to cancel the registration is made, there is no irreparable injury j...
Following the district court's preliminary injunction of oil leasing on the Outer Continental Shelf (2 ELR 20028), the district court denies the government's request that plaintiffs post a security bond of $750,000. Instead the bond is set at $100. To require the bond requested by the government wou...
The court of appeals corrects its opinion in Lathan v. Volpe, 1 ELR 20602 (9th Cir. Nov. 15, 1971), by determining that the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), not the relocation provisions of the Federal-Aid Highway Act of 1968, is applicable to I...