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...

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...

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 ...

Pursuant to the Environmental Protection Agency Report of April 17, 1972, Westchester County, New York, is ordered to take affirmative steps to protect the Hudson River from pollution emanating from the county's garbage dump. The preliminary restraining order issued here requires the county to build...

Maryland's highest court affirms lower court judgment that a 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 compensati...

Owners of property adjoining the proposed site of 76 apartments in Burlington, Vermont, have the right to appear as parties at hearings before the Environmental Board on appeal from a District Environmental Commission order denying an environmental permit for those apartments. Because the hearings b...

Federal district court dissolves a preliminary injunction of the Chicod Creek Watershed Project for plaintiff's failure to file his required security bond pursuant to Rule 65(c) Fed. Civ. The court also denies plaintiff's motions for reconsideration, stay and continuation, and expedited trial. Preli...

A zoning board may lawfully deny the operator of a ski area and resort a permit to conduct snowmobile races and outdoor concerts where the zoning ordinances forbid the operation of a racetrack in the area.
Counsel for AppellantLouis SagerSager & Sager Associates45 High StreetPottstown, PA 19464...

Plaintiff, Sierra Club, now moves to amend its complaint by adding allegations of injury to its aesthetic, conservational, and recreational interests. These are precisely the kind of allegations that the Supreme Court noted were absent from the original complaint, Sierra Club v. Morton, 2 ELR 20192,...

In action to restrain defendant from placing fill in navigable waters of Lake Cayuga adjacent to his property without first obtaining permit, several affirmative defenses are dismissed and one added. Six-year statute of limitations in New York statute pertaining to "spoliation" is no defense since t...