District court's denial of defendant's motion to suspend the remaining portion of a $25,000 fine imposed for violations of the Refuse Act is affirmed because once the defendant had commenced payment of the fine installments the district court no longer had authority to suspend sentence.
Counsel for...

Criminal action for discharging ammonia into a tributary of a navigable river in violation of the Refuse Act does not deny defendant equal protection of the laws although the statute is selectively enforced. Defendant has not alleged that the discriminating enforcement is "invidious because premised...

In a suit brought to enjoin the operation of a signal system test facility, plaintiffs contended that their claim arose under federal law because the facility had not received FCC authorization, the Secretary of Defense had illegally delegated his authority to construct the project to subordinates, ...

Maryland statute that prohibits dredging of all marshlands in one county of the state, including those privately owned, is a valid exercise of the police power to regulate private property and is not a taking of property without compensation. Although more restrictive than the statute applicable to ...

ICC order that allows Penn Central interim increases in rates for lighterage service at New York Harbor pending final Commission decision is not subject to judicial review. The decision not, to suspend the effective date of a proposed tariff change is solely within the discretion of ICC. Although th...

City of Philadelphia may not enforce its Air Management Code by suit for injunctive relief unless the Code violation constitutes a nuisance per se. Because the city has not pleaded facts sufficient to support the allegation of a per se nuisance, the city is relegated to the statutorily prescribed ad...

In a public nuisance action brought against the operator of an animal byproduct processor whose manufacturing processes permit nauseating odors to permeate an area, a claim that the Georgia statute which defines public nuisance is unconstitutionally vague will not be sustained. It is permissible to ...

In setting secondary ambient air quality standards for oxides of sulfur, the Administrator of the Environmental Protection Agency must disclose the basis of his decision for the standard he selects. The Clean Air Act Amendments of 1970 state that those air quality standards must be "based on" Criter...

Revocation of a mine drainage permit by the Sanitary Water Board is reversed and remanded because the Board's decision is not supported by substantial evidence. The Board's reliance upon reports prepared by a member of the staff of the Department of Environmental Resources without allowing for cross...

Twelve New Jersey sea coast communities are permanently enjoined from discharging sludge, a product of primary sewage treatment, into the Atlantic Ocean in violation of the Refuse Act. The Atlantic Ocean is a navigable body of water within the meaning of the Act. The discharge of municipal raw sewag...