Plaintiff property-owner sought to enjoin defendant Corps of Engineers' construction of the Laneport dam and reservoir on the San Gabriel River. Held, that significant alternations in the project plans reducing reservoir capacity and the cost-benefit ratio and increasing project cost fourfold are wi...
Damages resulting from sonic booms generated by military aircraft are not recoverable from the federal government on the theory of strict liability for ultrahazardous activity even though the law of the situs state renders a person who creates a sonic boom absolutely liable for resulting damages. Th...
Importer of men's shoes made of alligator, caiman, or crocodile skins enjoined under New York State law (Agriculture and Markets Law §385-a) from further offering such shoes for sale. Although importer does not stock or warehouse such shoes in New York, its New York operation serves as the moving f...
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...
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...
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 ...
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...
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...
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...
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...