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Stearns Elec. Paste Co. v. EPA

An economic poison is not "misbranded" under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 7 U.S.S. §§135-135k, if, when used according to the directions on the label, no harm will result. The rule announced in Environmental Defense Fund v. Ruckelshaus, 1 ELR 20059 (D.C. Cir. 197...

State ex rel. Bar Realty Corp. v. Locher

Citizen-taxpayers may not obtain a writ of mandamus to compel city officials to enforce the city's pollution control ordinances against industries alleged to be polluting a river where the city officials, in their answer, deny that the industries in question are acting in violation of the law. The o...

In re Motor Vehicle Air Pollution Control Equip.

On April 6, 1970, the Judicial Panel on Multidistrict Litigation consolidated for pretrial proceedings in the Central District of California a nationwide group of private treble damage suits against the major automobile manufacturers and their trade association alleging a comspiracy to restrain the ...

Pizitz, Inc. v. Volpe

Plaintiff business proprietors seek to enjoin further construction of parkway overpasses for noncompliance with NEPA. The court characterizes the case as "spurious," since plaintiffs' concerns are not environmental but relate to a threatened loss of business. NEPA creates procedural remedies, not su...

Pizitz, Inc. v. Volpe

On appeal from the Middle District of Alabama, held, that NEPA is not applicable to highway construction changes that had been contemplated in a design that complied with all required standards when originally approved. The court also finds no merit in plaintiffs' contention that federal officials c...

State v. Fultz

Oregon Pacific Ocean shore-lands which have been used by the public as public recreational land, according to unbroken custom running back in time as long as the land has been inhabited, are impressed with a public easement for recreational purposes. A state statute recognizing this easement and est...

Silva v. Romney

A Department of Housing and Urban Development "Special Environmental Clearance Worksheet" prepared on a $4,000,000 mortgage guarantee and $156,000 interest grant for a 138-unit housing project does not, on motion for a preliminary injunction, appear to satisfy the impact statement requirement of the...

Izaak Walton League of Am. v. Schlesinger

The People of the State of Illinois, represented by the Attorney General, William J. Scott (hereinafter, the "State of Illinois"), The Izaak Walton League of America, the Illinois Division of the Izaak Walton League of America, the Iowa Division of the Izaak Walton League of America, the Davenport, ...

Spur Indus., Inc. v. Del E. Webb Dev. Co.

Appellant's otherwise lawful cattle feedlot operation, which became a public nuisance after the nearby development of a residential area, is permanently enjoined from operation, but appellee residential developer must indemnify appellant for a reasonable amount of the cost of moving or shutting down...

Allway Taxi, Inc. v. New York, City of

The federal Clean Air Act (42 U.S.C. §1857) does not preempt New York City from enacting an ordinance requiring exhaust emission controls for licensed taxicabs, where there is no clear congressional intent to preempt the field and where there is no direct conflict between the local and federal sche...