Injunction against the operation of a rendering plant in a manner that constitutes a private nuisance is modified on appeal to allow the plant owner to abate the nuisance by the installation of equipment that will prevent the odor-causing emissions. The award of damages by the trial court is affirme...

Preliminary injunction of administrative cancellation of registration proceedings, which were initiated under FIFRA against weed and pest killers containing arsenic trioxide, is set aside. Until the actual decision to cancel or not to cancel the registration is made, there is no irreparable injury j...

Following the district court's preliminary injunction of oil leasing on the Outer Continental Shelf (2 ELR 20028), the district court denies the government's request that plaintiffs post a security bond of $750,000. Instead the bond is set at $100. To require the bond requested by the government wou...

The court of appeals corrects its opinion in Lathan v. Volpe, 1 ELR 20602 (9th Cir. Nov. 15, 1971), by determining that the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), not the relocation provisions of the Federal-Aid Highway Act of 1968, is applicable to I...

District court's denial of defendant's motion to suspend the remaining portion of a $25,000 fine imposed for violations of the Refuse Act is affirmed because once the defendant had commenced payment of the fine installments the district court no longer had authority to suspend sentence.
Counsel for...

Criminal action for discharging ammonia into a tributary of a navigable river in violation of the Refuse Act does not deny defendant equal protection of the laws although the statute is selectively enforced. Defendant has not alleged that the discriminating enforcement is "invidious because premised...

In a suit brought to enjoin the operation of a signal system test facility, plaintiffs contended that their claim arose under federal law because the facility had not received FCC authorization, the Secretary of Defense had illegally delegated his authority to construct the project to subordinates, ...

Maryland statute that prohibits dredging of all marshlands in one county of the state, including those privately owned, is a valid exercise of the police power to regulate private property and is not a taking of property without compensation. Although more restrictive than the statute applicable to ...

ICC order that allows Penn Central interim increases in rates for lighterage service at New York Harbor pending final Commission decision is not subject to judicial review. The decision not, to suspend the effective date of a proposed tariff change is solely within the discretion of ICC. Although th...

City of Philadelphia may not enforce its Air Management Code by suit for injunctive relief unless the Code violation constitutes a nuisance per se. Because the city has not pleaded facts sufficient to support the allegation of a per se nuisance, the city is relegated to the statutorily prescribed ad...