In action to restrain defendant from placing fill in navigable waters of Lake Cayuga adjacent to his property without first obtaining permit, several affirmative defenses are dismissed and one added. Six-year statute of limitations in New York statute pertaining to "spoliation" is no defense since t...

An owner of land under a patent expressly "subject to vested and accrued water rights for mining, agricultural, manufacturing or other purposes" may not bar members of the public from using the stream for fishing and boating purposes. The state ought to regulate fishermen's use of a particular strea...

The appeal of 99 quarantine inspectors stationed at various points of entry into the United States from a Trial Commissioner's decision denying both their claim for overtime pay and for hazardous duty pay is affirmed by the Court of Claims. The inspectors argued that they were entitled to hazardous ...

Plaintiff Students Challenging Regulatory Agency Procedures (SCRAP) obtains an order preliminarily enjoining defendant Interstate Commerce Commission from permitting—and intervenor railroads from collection—that portion of a 2.5 percent across-the-board freight rate surcharge that would apply to...

Railroads' and Interstate Commerce Commission's application for stay of preliminary injunction pending appeal is denied. (For text of lower court opinion granting preliminary injunction, see 2 ELR 20487). Three-judge court's decision below may raise serious questions of standing and judicial review ...

New Jersey state agency's plans for controlled development of its Meadowlands are enjoined as in conflict with the right of a federally certified natural gas company to expand its storage facilities on land acquired by it prior to enactment of the state land use plan. States may place reasonable res...

State statute construed to require director of Rhode Island Department of Health, as state official charged with the prevention and control of water pollution in the state, to make public the records of the department's water pollution investigations. Such records are to be made public even though t...

A developer of a proposed housing project must undertake certain actions ordered by the court under the Michigan Environmental Protection Act in order to preserve the environmental amenities of the area. The Act is constitutional when the phrase "likely to pollute, impair or destroy . . ."...

The State of New York seeks by mandamus to compel the Corps of Engineers to comply with NEPA in issuing sewage sludge and dredge spoil dumping permits in the New York Harbor area. The motion is denied, since defendants have complied with §102(2)(C) by preparing an impact statement, and §§102(2)(A...

The provisions of New York's Mason Law which, inter alia, forbids the sale of articles made from crocodile skins, apply to a person who holds watchbands in the state and purports to sell them in other states in a manner so that technically the sales are consumated outside New York State. Such sales ...