Prohibition of "open burning" as opposed to "smokestack burning" by a State Regional Air Pollution Control Board does not constitute an unreasonable classification in violation of the equal protection clause of the North Carolina Constitution. The prohibition of only open burning does not constitute...
A wide-ranging complaint claiming damages of $5 million from corporations located along the Houston Ship Channel for permitting air pollution that caused the plaintiff and his family to suffer pulmonary damage is dismissed for failure to state a cause of action. A claim based on the Constitution "in...
The measure of damages in a private nuisance action to recover for injuries suffered by plaintiffs in their home and to their business as a result of the emission of noxious odors from defendant's plant is the degree of deprivation of the healthful uses of the home and the loss in business to the th...
A preliminary injunction is issued to restrain the Administrator of the Environmental Protection Agency from approving those state implementation plans under the Clean Air Act that permit a significant deterioration of presently existing air quality. However, interim approval may be given, subject t...
Liquid industrial waste treated to comply with federal standards set under the Water Pollution Control Act of 1948 and discharged into the navigable Monogahela River falls within the prohibition of the Refuse Act of 1899, a prohibition that remains unchanged by those standards. A privately owned sew...
Plaintiffs, organizations which allege concern for the condition of the urban environment and individuals residing in the vicinity, do not have standing under the National Environmental Policy Act of 1969 to challenge the legality of the Department of Housing and Urban Development's (HUD's) financia...
Defendants are permanently enjoined from developing tidelands contiguous to their property, and are ordered to purchase the right otherwise to use these lands from the state. They are also ordered to pay damages equal to a rental of the state property they have been using, to restore the natural hig...
The Interstate Commerce Commission must consider environmental factors and must file an environmental impact statement before it may authorize abandonment of a railroad line in Brooklyn, regardless of the advanced stage of the proceedings and the improbability of the existance of an alternative to a...
Inland lakes in Michigan over 10 acres in size are impressed with a public trust that prevents a private owner of the lake from polluting or destroying it. A mandatory injunction will issue to compel an owner of such a lake to remove a partial fill that he placed in the lake to deny trespassers from...
The District Court's determination, 336 F. Supp. 248 (1971), to abstain from decision pending state court resolution of an alleged conflict between Michigan's Watercraft Pollution Control Act of 1970 and the federal Water Quality Improvement Act of 1970 is affirmed. The Michigan statute allegedly pr...