Petition for the establishment of a drainage district that would allow drainage of marshland for dairy farming denied, because the establishment of the district would impinge upon riparian rights of landowners within and below the district, including the Everglades National Park, and would be contra...

State law regulating the removal, filling and dredging of marshes, swamps, meadows, banks and flats bordering on coastal areas does not preempt local zoning bylaw which also protects town's coastal area. State agency, pursuant to state law, had approved plaintiff's plan to dredge a tidal marsh on hi...

Actions under the Refuse Act by conservation group for injunctive and mandatory relief and for a portion of any fine levied dismissed in joint opinion of the three federal judicial districts of Alabama. Plaintiff cannot maintain this action against corporate defendants for a portion of the fine, bec...

Plaintiffs obtained injunctive relief based upon the failure of the Chief of the Army Corps of Engineers and the Secretary of the Army to comply with the National Environmental Policy Act (NEPA) §§102(2)(C) and 102(2)(D) prior to their decision to execute contracts for the construction of an earth...

Action under the Refuse Act by conservation groups for injunctive and mandatory relief and for a portion of any fine levied is dismissed. Qui tam actions are allowed only where statutory authority for them is express or can be implied. The Rivers and Harbors Act of 1899 does not expressly authorize ...

District court's preliminary injunction against timbering, road construction and prospecting for coal in the Otter Creek drainage of the Monongahela National Forest affirmed on appeal brought by federal defendant Forest Supervisor. Allegations of harm to aesthetic, conservational and recreational va...

Zoning regulations that so restrict the private use of tidal marshlands as to substantially reduce their value but do not provide for compensation constitute an unreasonable and confiscatory exercise of the police power in violation of the Fifth and Fourteenth Amendments to the U.S. Constitution and...

This is an appeal from the district court's declaratory judgment that defendants own timber by reservations in deed, and have the right to clearcut the timber, although plaintiff fee-owner's ability to graze cattle on his land will be severely hampered thereby. The circuit court affirms that the tim...

Owner of coal cleaning plant that emits coal dust is not liable for damages in an action brought by owners of nearby homes, unless the invasion of property caused by the plant's emission of coal dust is both substantial and either intentional and unreasonable or unintentional and actionable, as negl...

Private Ohio airport cannot obtain injunction against construction of 600-foot smokestack on nearby property despite interference with landings at three runways. Interference with plaintiff's use of defednat's property not nuisance. Defendant landowner owns at least as much of the space above his gr...