The taking by condemnation of properties serviced by a water utility company does not enable the company to recover for damage done to the easement rights by means of which the company services the property, even though the indirect effect of the government's dominion and control of the condemned pr...

Plaintiffs, 99 quarantine inspectors stationed at various points of entry into the United States (including automobile border crossing inspection stations), are not entitled to recover either on their claim for overtime pay or on their hazardous duty pay claim. Plaintiffs alleged that they were enti...

Manufacturer of crocodile skin shoes barred by New York State's Mason Act—designed to protect endangered species—from selling its wares in that state is not entitled to have three-judge federal district court hear its argument that the Act, as applied, violates the Due Process Clause of the Four...

Another qui tam action brought to collect penalty fees under and enjoin future violations of the Rivers and Harbors Act of 1899 disallowed by the court. On authority of Durning v. ITT Rayonier, 1 ELR 20040 (W.D. Wash. 1970), Bass Anglers v. U.S. Steel, 1 ELR 20101 (N.D., M.D. & S.D. Ala. 1970), ...

Baltimore County resident and taxpayer seeking to nullify state sale of Worcester County marshlands and wetlands to developers on grounds that consideration was so grossly inadequate as to suggest fraud or collusion and that transaction would result in ecological disaster in violation of public trus...

A private oyster lease in an unrestricted area is not prohibited, despite testimony that the area was in fact a natural clam bar. Oyster leases are prohibited only where the area is surveyed and classified as a clam bar, or where the area is surveyed and classified as an oyster bar, or where evidenc...

Defendants' motions for dismissal granted in two consolidated qui tam actions in which plaintiffs were attempting to recover half of any fines levied against defendants for violations of the Refuse Act. A qui tam action lies only where expressly or implicitly authorized by statute, and the Refuse Ac...

Proof of criminal intent was not necessary to conviction for misdemeanor violations of county air pollution regulations. The regulation makes the offender strictly liable merely on proof that he did the act. The court upheld statutory use of the Ringelmann Chart as a reasonable standard to measure t...

FPC order licensing Consolidated Edison to build pumped storage hydroelectric facility at Storm King Mountain on Hudson River in New York State is void. Cause remanded to FPC for new proceedings. Commission violated requirements of §§10(a) and 313(b) of Federal Power Act by failing to compile reco...

Where chicken processors pleaded nolo contendere to allegations that they violated Rivers and Harbors Act of 1899 by dumping waste materials into Penobscot Bay and then moved to arrest judgment on grounds that the Act (1) does not apply to continuing industrial pollution which does not result in obs...