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Silva v. Romney

A Department of Housing and Urban Development "Special Environmental Clearance Worksheet" prepared on a $4,000,000 mortgage guarantee and $156,000 interest grant for a 138-unit housing project does not, on motion for a preliminary injunction, appear to satisfy the impact statement requirement of the...

Izaak Walton League of Am. v. Schlesinger

The People of the State of Illinois, represented by the Attorney General, William J. Scott (hereinafter, the "State of Illinois"), The Izaak Walton League of America, the Illinois Division of the Izaak Walton League of America, the Iowa Division of the Izaak Walton League of America, the Davenport, ...

Spur Indus., Inc. v. Del E. Webb Dev. Co.

Appellant's otherwise lawful cattle feedlot operation, which became a public nuisance after the nearby development of a residential area, is permanently enjoined from operation, but appellee residential developer must indemnify appellant for a reasonable amount of the cost of moving or shutting down...

Allway Taxi, Inc. v. New York, City of

The federal Clean Air Act (42 U.S.C. §1857) does not preempt New York City from enacting an ordinance requiring exhaust emission controls for licensed taxicabs, where there is no clear congressional intent to preempt the field and where there is no direct conflict between the local and federal sche...

United States v. Marathon Battery Co.

A stipulated judgment in a civil action to enforce the Refuse Act and the New York Harbor Act requires the defendants—present and prior owners of the discharging plant—to dredge the Hudson River of 20 years accumulation of the toxic metal, cadmium, which resulted from their illegal discharges. T...

Maddox v. Bradley

The plaintiffs, landowners in New Mexico, sought to enjoin the fencing of property purchased from then by the Bureau of Reclamation on the grounds that the fencing would be arbitrary and capricious and that no action could be taken until an environmental impact statement was filed pursuant to NEPA. ...

Nestle v. Santa Monica, City of

A municipal government which operates an airport is not immune from liability for private nuisance where damages result from jet aircraft noise. California's statutorily provided immunity for public entities is waived by the provision of the state's Civil Code, which codifies the common law of priva...

Keith v. Volpe

Plaintiff corridor residents seek a preliminary injunction against further work on the 17-mile Century Freeway (I-105) in Los Angeles County. The motion is granted in part. The Court finds that the requirements of the National Environmental Policy Act apply, since the work has not yet reached that s...

Scenic Hudson Preservation Conference v. Federal Power Comm'n

The Supreme Court denied certiorari, thus letting stand the decision of the Second Circuit (1 ELR 20496) that refused to set aside the grant of a license to build an electric generating plant at Storm King Mountain. In dissent, Justice Douglas stated that he would grant certiorari to determine wheth...

United States v. Armco Steel Corp.

Injunction of September 17, 1971, against defendant's discharging any phenols, cyanide, ammonia or sulfides into the Houston Ship Channel in violation of Rivers and Harbors Act of 1899, §13, is modified to permit limited discharges pending completion of an incineration system by June 7, 1972. Defen...