A suit which seeks to reduce commercial jet aircraft use of Washington National Airport and to shift that traffic to Dulles International Airport is dismissed. The Federal Aviation Administration did not abuse its discretion to regulate aircraft use of Washington, D.C., area airports by permitting s...
A HUD "negative statement" on the environmental impact of a $3,763,200 insured loan under §236 of the National Housing Act for construction of a 272-unit apartment complex satifies NEPA's requirements. The HUD procedure is within the bounds of agency discretion, and an inflexible approach to NEPA c...
A use of land that conforms with existing zoning and health regulations and that is pursued with reasonable care, nevertheless may be enjoined as a private nuisance where the use results in a substantial interference with the use and enjoyment of other property. A lower court's decision enjoining a ...
Oregon statute which recognizes all easements acquired by the public by prescription or otherwise, in-land below the high watermark, and prohibits all construction in this area without a permit, is not an unconstitutional taking of a beachfront owner's property without due process. The states are fr...
Plaintiff, a producer of fuel oil and a consumer of electric power, has standing to challenge an Environmental Protection Agency (EPA) order issued under the Clean Air Act, which requires a power company to cease burning plaintiff's fuel because it contains more sulphur than is permitted by Delaware...
Plaintiffs Sierra Club and other organizations alleged, and offered proof, that their local chapters and individual members have enjoyed the park area of the proposed highway and would be individually injured by construction of the route there, suffering, for example, the destruction of spectacular ...
The Secretary of the Interior acted ultra vires when he suspended Santa Barbara Channel oil leases, made pursuant to the Outer Continental Shelf Lands Act, to allow Congress to consider legislation that would permanently prohibit drilling in the channel. the Secretary's power to suspend leases is li...
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...