In this further opinion on the recovery allowable for the damage caused by sonic booms from test aircraft, the Tenth Circuit overrules Kirk v. United States, 1 ELR 20251 (W.D. Okla. 1971), on the grounds that the Tucker Act does not afford relief either on the theory that the sonic boom damage was a...
Defendants enjoined from continuing work on highway project through city of Vermillion until environmental impact statement required by §102(2)(C) of NEPA is filed. Although better rule is that NEPA applies retroactively, citing 1 ELR 50048, such a holding is not necessary for decision where final ...
District court's dismissal of action to enjoin the relocation of a highway in a state forest as a part of the federal aid secondary highway system is affirmed. Design hearings for this highway were not required by PPM 20-8 because that regulation exempts secondary roads built for less than 750 vehic...
Persons supplying information which leads to conviction under the Refuse Act have a statutory right to one-half of any fine imposed, and the court has no discretion to deny that award. Claimant's right to due process of law in the adjudication of their claim to one-half of the fine imposed upon the ...
Federal Aid Interstate Highway 485 planned for Atlanta, Georgia, enjoined pending Secretary of Transportation's compliance with the National Environmental Policy Act (NEPA). Although substantial federal approval of the project had occurred prior to the effective date of NEPA, actions to the taken af...
Venue for a suit challenging TVA's policy of purchasing strip-mined coal without first complying with the National Environmental Policy Act (NEPA) of 1969 lies in the Southern District of New York under 28 U.S.C. §1391(e). One of the plaintiffs resides in the district and the suit does not involve ...
The regulations implementing the Refuse Act Permit Program, to the extent that they allow the issuance of permits to discharge refuse matter into non-navigable waterways are invalid, and the Secretary is permanently enjoined from issuing such permits. The Refuse Act prohibits the depositing of refus...
Implementation of plans to construct a primary highway, including acquisition-of-way, enjoined pending compliance with the Uniform Relocation and Assistance Act of 1970, the National Environmental Policy Act of 1969 and provisions of federal highway statutes, which prohibit the unwarranted destructi...
Plaintiffs are more than 50 residents of Ontario, Canada, and defendants are three corporations located in Wayne County, Michigan. For further facts, see ELR Dig. [180]. Where the effects of defendants' alleged acts is a single, indivisible injury—here illness and property damage caused by air pol...
The United States obtained a preliminary injunction pursuant to the Rivers and Harbors Act of 1899 prohibiting the defendant coal mine operators from discharging any strip mining runoff into navigable waters and prohibiting them from conducting any surface mining operations in a manner that would di...