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Gulf Oil Corp. v. Simon

The Administrator of the Federal Energy Office was not required to prepare a NEPA impact statement in conjunction with the issuance of regulations establishing mandatory crude oil allocation among refiners. Under the Emergency Petroleum Allocation Act of 1973, the Administrator was obligated to prom...

Gulf Oil Corp. v. Morton

On petition for a rehearing, the court partially revises its earlier opinion by ruling that the Secretary of the Interior's order of April 21, 1971, suspending oil drilling in the Santa Barbara Channel, became invalid on October 18, 1972, when the 92nd Congress adjourned. The Secretary's authority t...

Hudson River Fishermen's Ass'n v. Federal Power Comm'n

The Second Circuit orders the FPC to hold new hearings on the impact that Consolidated Edison's proposed power plant at Storm King Mountain would have on Hudson River fish populations, in light of evidence indicating that the river is a tidal estuary which, because of flow changes, creates increased...

Waukegan v. Pollution Control Bd.

The Supreme Court of Illinois reverses a lower court and rules that a state Environmental Protection Act provision allowing the Illinois Pollution Control Board to impose a monetary penalty of up to $10,000 against the city of Waukegan for operating a refuse disposal site without a permit from the s...

Wilson v. Lynn

A motion to enjoin a building rehabilitation project on the ground that the Department of Housing and Urban Redevelopment did not file an environmental impact statement is denied because the plaintiffs are unable to prove that they constituted a class for Rule 23 purposes, or that the project would ...

United States v. White Fuel Corp.

The owner of a petroleum tank farm bears strict liability under the Rivers and Harbors Act of 1899 for an unauthorized oil discharge into a navigablewaterway which was caused by seepage from a large accumulation of oil under its property. Defendant had admitted ownership of the oil, and the court ho...

Environmental Defense Fund v. Brinegar

In deciding whether a feasible and prudent alternative exists to construction of a federally funded highway through parkland, the Secretary of Transportation may defer to local opinion as to whether an area is a public park, but may not defer to local preference as to its use, and instead must consi...

United States v. Union Oil Co. of Cal.

The reservation of "all the coal and other minerals" to the federal government in a land patent issued under the Stock Raising Homestead Act of 1916 did not include geothermal resources. After examining the statute's legislative history, the court determines that the intent of Congress was to reserv...

Exxon Corp. v. New York, City of

Federal regulations governing fuel and fuel additives, which become effective in January 1975, do not preempt New York City's present regulation of gasoline lead content and volatility, and plaintiff Exxon's motion for summary judgment on that theory is therefore denied. There can be no conflict bet...

Environmental Defense Fund v. Mayor-Commissioner of the Dist. of Columbia

Petitioner's request for review of respondent's failure to declare chronic air pollution in the District of Columbia to be an "Emergency Episode" under the provisions of the D.C. Air Pollution Act, is dismissed for lack of proper jurisdiction. The D.C. Administrative Procedure Act limits judicial re...