Forest Service's sale of timber in the East Meadow Creek Area of the White River National Forest and the harvest of that timber by a lumber company enjoined pending a determination by the president and Congress regarding the inclusion of the East Meadow Creek Area in a wilderness area to be created ...
District court grant of summary judgment for defendants in case brought by 33 congressmen seeking disclosure of documents pertaining to environmental hazards of underground Cannikan nuclear test reversed and remanded for further consideration. Freedom of Information Act of 1970 supercedes 1953 execu...
Plaintiffs, Colorado property owners, a guide, various conservation groups, a town and a magazine, have standing to challenge a timber sale in the White River National Forest within the Multiple Use-Sustained Yield Act and the Wilderness Act. The suit is not barred by sovereign immunity, because pla...
Plaintiffs' motion to enjoin enforcement of Indiana statute making sale of detergents with more than 12 percent phosphate content illegal as of January 1, 1972, and sale of detergents with more than three percent phosphate content illegal as of January 1, 1973, and affixing criminal penalties for vi...
Downstream riparian landowners are third-party beneficiaries to contract between defendant and city whereby defendant obligates itself to remove and eliminate from its deposits into city sewer system refuse, offal of fowls, blood, wastes, and other offensive material and negligently fails to do so c...
Scheduled hearings on the Uncompahgre Primitive Area under the Wilderness Act are not sufficient to discharge defendants' obligations under that Act. Defendants must convene a further hearing to determine if lands contiguous to the existing Primitive Area, or adjacent lands within the Area, are of w...
District Court's grant of preliminary injunction preventing highway project's disruption of historic "Tuchahoe Plantation," 1 ELR 20369 and Circuit Judge Butzner's extension of that injunction to include bar of condemnation pending final outcome of the suit, 1 ELR 20370, affirmed.
Counsel for Plain...
Refusal of Vermont Water Resources Board to permit construction of dam to impound lake to enhance recreational attractiveness of residential area neither arbitrary nor capricious where witnesses testified dam would harm sports fishing, damage stream bed and hamper white water canoeing. Balancing the...
Defendant's motion to dismiss Refuse Act prosecution denied. Statute forbids discharge from production platform even though the term is not specifically mentioned in the legislation. Offense is malum prohibitum and requires no scienter. Refuse Act not superceded by Federal Water Quality Improvement ...
Defendant's motion for dismissal of Refuse Act information denied. Discharge of refuse forbidden by Act is malum prohibitum and scienter is not an essential element of the offense. Defendant's contention that Act does not prohibit discharge from a "production platform," is affront to common sense si...