An owner of land under a patent expressly "subject to vested and accrued water rights for mining, agricultural, manufacturing or other purposes" may not bar members of the public from using the stream for fishing and boating purposes. The state ought to regulate fishermen's use of a particular strea...

The appeal of 99 quarantine inspectors stationed at various points of entry into the United States from a Trial Commissioner's decision denying both their claim for overtime pay and for hazardous duty pay is affirmed by the Court of Claims. The inspectors argued that they were entitled to hazardous ...

Plaintiff Students Challenging Regulatory Agency Procedures (SCRAP) obtains an order preliminarily enjoining defendant Interstate Commerce Commission from permitting—and intervenor railroads from collection—that portion of a 2.5 percent across-the-board freight rate surcharge that would apply to...

Railroads' and Interstate Commerce Commission's application for stay of preliminary injunction pending appeal is denied. (For text of lower court opinion granting preliminary injunction, see 2 ELR 20487). Three-judge court's decision below may raise serious questions of standing and judicial review ...

In a challenge to proposed bypass location of interstate highway around Fayetteville, North Carolina, case remanded to district court to ensure full federal compliance with §102(c) of NEPA and to determine required extent of state compliance under §128(a), as amended, of Federal-Aid Highways Act. ...

Because the ordinary procedure under the state Administrative Procedure Act would have taken too long to complete, the Rhode Island Department of Natural Resources could use an emergency procedure to authorize spraying of 64,000 acres with the pesticide Sevin. However, any permanent program of spray...

A city which has dedicated beach front property to the public may not then act by local ordinance to limit access to the beach to residents of the city and their invited guests. Dedication to a public use can arise when a city accepts land for a public park, administers it as such and the public act...

This action was brought to compel the Corps of Engineers to permit appellee to dredge and fill an additional 194 acres of the submerged land adjacent to its property by utilizing material from the bed of Lake Worth, Florida, and to quiet title in that submerged land in appellee as against the Truste...

The preliminary injunction restraining defendants from proceeding with the implementation of the Tennessee-Tombigbee Waterway, a navigation project in Alabama and Mississippi that is expected to create a new, inter-regional trade route between the Gulf Coast and much of the mid-continent region of t...

Section 1161 (b) (4) of the Federal Pollution Control Act, 33 U.S.C. §1161 (b) (4), which provides immunity from prosecution under the Refuse Act of 1899, 33 U.S.C. §§407, 411, for a person in charge of a polluting vessel or facility on the basis of his own immediate notification to the governmen...