Where New Jersey township previously lost battle over location of portion of I-95 in state court it is barred by res judicata from maintaining identical action against state defendants in U.S. District Court and by collateral estoppel from maintaining same action against newly included federal defen...
Nevada law holds that state agency determinations resulting from proceedings that are conducted according to regulations of which interested parties are unaware are subject to invalidation on those grounds. If persons seeking to invalidate the decision knew of the operative regulation, however, reli...
Spot commercials shown over WNBC-TV in New York City advertising big cars and leaded gasoline present one side of a controversial issue of public importance and are thus subject to the mandates of the Fairness Doctrine. The merits of using larger cars and more powerful gasolines in a pollution-conta...
In a suit brought under the Michigan Environmental Protection Act of 1970, the court grants plaintiff health department's request for an interlocutory order requiring Chrysler Corporation to undertake specified precautionary and pollution control measures and orders each of the parties to advise the...
Delaware law provides that appeals to the Superior Court from decisions of the Water and Air Resources Commission are to be based on the records compiled at the administrative level and are not to be treated as trials de novo. The record in this case lacks sworn testimony to support the apparent dec...
Appellants from Board order establishing watershed district for conservation purposes have failed to prove that order was unsupported by substantial evidence viewing record as a whole and appeal must, therefore, fail. Order neither arbitrary nor capricious despite opposition of 700 upland landowners...
The California Forest Practice Act attempts to delegate to administrative panels dominated by the timber industry legislative authority to promulgate forest practice rules without providing necessary standards for the exercise of that authority and therefore, violates both the California and federal...
Opinion of three-judge district court dismissing qui tam action in Bass Anglers Sportsman Society of America, Inc., v. United States Steel Corp., 1 ELR 20102, affirmed.
Counsel for Plaintiff:Joseph J. Levin, Jr.Levin & DeesP.O. Box 2087Washington Bldg.Montgomer, AL 36103(205) 262-4807
Counsel ...
Legal fees paid by the taxpayer to a private law firm for the firm's services in opposing highway construction through land thatthe taxpayer had earlier donated to the United States for park purposes are deductible as charitable contributions under section 170 of the Internal Revenue Code. The fees ...
Where environmental impact statement filed by Army engineer district on April 20, 1971, in connection with the Tennessee-Tombigbee Waterway project was identical to general plan and profile set forth in first design memorandum approved by the Corps on April 12, 1962, where Corps indicated that it is...