Plaintiffs sought to enjoin the issuance of a Refuse Act Permit by the Army Corps of Engineers to the Atlantic Richfield Company for discharges into the Puget Sound from Arco's oil refinery at Cherry Point. Plaintiffs argued both that the issuance of the permit was a major federal action significant...
Only the United States government may bring and prosecute an action under the Refuse Act. Private citizens have no right under a qui tam theory to collect any part of the fine by private action.
Counsel for Plaintiff:Alexander PolikoffMarshall Padner109 N. Dearborn StreetChicago, IL 60602
Thomas R...
The Department of Health, Education, and Welfare must prepare an environmental impact statement on the Tri-Services Incinerator Project at the Walter Reed Medical Center, since it constitutes a major federal action under the National Environmental Policy Act.
Counsel for PlaintiffsIrvine B. Nathan1...
Under orders of the federal Environmental Protection Agency, the District was preparing to remove 80% of phosphates from its discharges by the end of 1972. By administrative ruling of the Board, the District was ordered to meet that standard by 1971. The Board denied a variance, but that denial was ...
A municipal ordinance which restricts jet aircraft operation at a privately owned airport within the city limits in an effort to reduce noise pollution violates the Supremacy Clause of the U.S. Constitution, and the lower court's permanent injunction of its enforcement is affirmed. The Federal Aviat...
A suit by California farm workers alleging that the use of pesticides by growers thereatens their health and safety and calling upon the Secretary of Agriculture to consider the environmental effects of those chemicals in the operation of the farm subsidy program is dismissed, since the plaintiffs l...
Venue for a suit brought to challenge the TVA's strip mined coal purchasing policies by environmental membership corporations with their principal place of business in New York and California does not lie in the Southern District of New York under 28 U.S.C. §1391(e). The district court's denial of ...
Motion to reinstate judgment of possession in a proceeding to condemn land for an Army Corps of Engineers dam project is denied. In an earlier decision, United States v. 247.37 Acres of Land, 1 ELR 20513 (S.D. Ohio Sept. 9, 1971), the judgment was vacated because the Corps had not complied with NEPA...
The petitioner, a development subsidiary of ITT-Levitt & Sons owning land in the county, appeals the Board's denial of a petition for a zoning change from Agricultural (with a minimum lot size of 3 acres) to Planned Community, allowing a gross density of fourteen persons per acre. A similar, tho...
The defendant cement factory, which emitted 27,000 pounds of cement dust per day settling on the property of the plaintiffs, constituted a nuisance. The continued operation of the plant without any filtration system constituted express malice in view of the fact that filtration systems were used on ...