The court grants plaintiffs' motion denying trial costs to defendants pursuant to FED. R. CIV. P. 54(d). Although the district court ruled in favor of plaintiffs in a suit against a Department of the Interior sale of oil and gas leases on the outer continental shelf, 7 ELR 20230, the Second Circuit ...
By applying for unappropriated water in California for use in a federal reclamation project, the federal Bureau of Reclamation is not subject to conditions imposed by the State Water Resources Control Board even though the Bureau is assignee of an application originally filed by the State Department...
A municipality may be held liable in inverse condemnation when it takes water for a public purpose from a shallow aquifer under plaintiff's land if in so doing it deprives the surface owner of the beneficial use of the aquifer. The complaint in this case alleges that withdrawals from defendant's nea...
This case concerns the improper assembly by defendant of a number of 1974 model year vehicles. Section 203(a)(1) of the Clean Air Act, 42 U.S.C. §7522, ELR STAT. & REG. 42244, prohibits the introduction, or delivery for introduction, into commerce of any vehicle not covered by a certificate of ...
The court reaffirms its prior judgment upholding the validity of the New Jersey Waste Control Act after determining that the federal Resource Conservation and Recovery Act of 1976, ELR STAT. & REG. 41901, does not preempt the state's control and management of solid waste disposal. The principal ...
The court reverses the trial court and remands the case to the Board of County Commissioners for preparation of an environmental impact statement (EIS) in conjunction with the issuance of permits for a proposed marina. The granting of a county building permit and a substantial development permit und...
The Minnesota Supreme Court affirms a lower court's judgment permanently enjoining the operation of a trap and skeet shooting facility in a rural area near Minneapolis because of adverse environmental effects. The Minnesota Environmental Rights Act gives any person or organization the right to bring...
The court rules that approval of a local health care plan by the Secretary of Health, Education, and Welfare pursuant to §1122 of the Social Security Act does not constitute a "major federal action" for purposes of §102(2)(C) of the National Environmental Policy Act (NEPA) and hence does not requi...
The Illinois Supreme Court reverses the appellate court and upholds the state pollution control board's grant of a variance from state mercury discharge standards that imposed technologically infeasible conditions on the plaintiff. Whereas simple findings of fact by state administrative agencies wil...
In consolidated suits to review the action of the Secretary of the Interior in reserving easements upon lands to be patented under the Alaska Native Claims Settlement Act (ANCSA), the court examines the scope of the Secretary's authority to reserve such easements and rejects specific reservations. U...