Granting plaintiffs' motion for summary judgment, the court enjoins implementation of the Federal Coal Leasing Program. The Department of the Interior's final programmatic environmental impact statement (EIS) failed to consider the "no action" alternative of continuing the 1970 moratorium on issuanc...

The court affirms the lower court's order dismissing the state of Maine's challenge to the 1977 herring fishing quota set by the Department of Commerce which allows foreign fleets to fish on the Georges Bank. The lower court dimissed the complaint because the Secretary of Commerce provided affidavit...

The court denies plaintiffs' motion for a preliminary injunction against construction of a proposed baler facility for solid waste disposal in the Hackensack Meadowlands after granting plaintiffs' standing to raise environmental claims under the National Environmental Policy Act (NEPA). New Jersey a...

In 1976, this court ruled that the then-existing California public school financing system was invalid as a violation of state constitutional provisions guaranteeing equal protection of the laws and had to be brought into constitutional compliance within six years. Serrano v. Priest, 18 Cal. 3d 728....

The court holds that plaintiffs who prevailed in a suit challenging approval of the location of the proposed Mt. Hood Freeway are entitled to recover attorney fees from the state defendants under the Civil Rights Attorney's Fees Awards Act of 1976 even though their claims of civil rights violations ...

The court grants plaintiffs' motion denying trial costs to defendants pursuant to FED. R. CIV. P. 54(d). Although the district court ruled in favor of plaintiffs in a suit against a Department of the Interior sale of oil and gas leases on the outer continental shelf, 7 ELR 20230, the Second Circuit ...

By applying for unappropriated water in California for use in a federal reclamation project, the federal Bureau of Reclamation is not subject to conditions imposed by the State Water Resources Control Board even though the Bureau is assignee of an application originally filed by the State Department...

A municipality may be held liable in inverse condemnation when it takes water for a public purpose from a shallow aquifer under plaintiff's land if in so doing it deprives the surface owner of the beneficial use of the aquifer. The complaint in this case alleges that withdrawals from defendant's nea...

This case concerns the improper assembly by defendant of a number of 1974 model year vehicles. Section 203(a)(1) of the Clean Air Act, 42 U.S.C. §7522, ELR STAT. & REG. 42244, prohibits the introduction, or delivery for introduction, into commerce of any vehicle not covered by a certificate of ...

The court reaffirms its prior judgment upholding the validity of the New Jersey Waste Control Act after determining that the federal Resource Conservation and Recovery Act of 1976, ELR STAT. & REG. 41901, does not preempt the state's control and management of solid waste disposal. The principal ...