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United States v. Marathon Battery Co.

A stipulated judgment in a civil action to enforce the Refuse Act and the New York Harbor Act requires the defendants—present and prior owners of the discharging plant—to dredge the Hudson River of 20 years accumulation of the toxic metal, cadmium, which resulted from their illegal discharges. T...

Maddox v. Bradley

The plaintiffs, landowners in New Mexico, sought to enjoin the fencing of property purchased from then by the Bureau of Reclamation on the grounds that the fencing would be arbitrary and capricious and that no action could be taken until an environmental impact statement was filed pursuant to NEPA. ...

Nestle v. Santa Monica, City of

A municipal government which operates an airport is not immune from liability for private nuisance where damages result from jet aircraft noise. California's statutorily provided immunity for public entities is waived by the provision of the state's Civil Code, which codifies the common law of priva...

Keith v. Volpe

Plaintiff corridor residents seek a preliminary injunction against further work on the 17-mile Century Freeway (I-105) in Los Angeles County. The motion is granted in part. The Court finds that the requirements of the National Environmental Policy Act apply, since the work has not yet reached that s...

Scenic Hudson Preservation Conference v. Federal Power Comm'n

The Supreme Court denied certiorari, thus letting stand the decision of the Second Circuit (1 ELR 20496) that refused to set aside the grant of a license to build an electric generating plant at Storm King Mountain. In dissent, Justice Douglas stated that he would grant certiorari to determine wheth...

United States v. Armco Steel Corp.

Injunction of September 17, 1971, against defendant's discharging any phenols, cyanide, ammonia or sulfides into the Houston Ship Channel in violation of Rivers and Harbors Act of 1899, §13, is modified to permit limited discharges pending completion of an incineration system by June 7, 1972. Defen...

Lexington, City of v. Cox

A public nuisance action may be brought either in the county in which the nuisance is committed, or in the county in which the inhabitants are aggrieved. The Jessamine County circuit court has jurisdiction over an indictment returned by the Jessamine Grand jury against the city of Lexington, in Fran...

United States v. Houston Lighting & Power Co.

Plaintiff denied preliminary injunction against defendant's construction in shallow but allegedly navigable waters of a cooling pond for use by its fossil fuel electricity generating plant. Construction of the pond was substantially completed when hearing for preliminary injunction commenced. Whethe...

Scherr v. Volpe

On appeal from the Western District of Wisconsin, the trial court's grant of a preliminary injunction requiring the preparation of an environmental impact statement is affirmed. Section 102(2)(C) of NEPA is designed to insure that federal agencies consider the environmental consequences of their act...

United States v. Mobil Oil Corp.

In prosecution of offenses defined by the Rivers and Harbors Act of 1899, government may not rely solely upon information about oil spills obtained from mandatory disclosures required by the Federal Water Pollution Control Act (FWPCA) since statutory immunity accompanies such disclosures. Statutory ...