Stay of enforcement of a municipal ordinance limiting the permissible lead content of gasoline offered for sale in New York City is continued on the condition that appellant oil companies be ready for trial within 30 days of the filing of this opinion, and that the trial proceed promptly thereafter....
A municipal ordinance limiting the permissible lead content of gasoline offered for sale in New York City is not preempted by EPA regulations issued pursuant to the Clean Air Act which require all gas stations to offer for sale at least one gasoline with lead content not exceeding .05 grams per gall...
The Eighth Circuit finds there is no right of annexation under federal law or the United States Constitution. Refusal to annex a residential area completely encircled by a city purely because of the poverty of its residents is not a denial of equal protection under the Fourteenth Amendment, nor is i...
The purchase of water by a local utility district from the New Melones Dam federal water project is not subject to state law where there is no allegation that the project itself violates state law. Were California law applicable, a party found to be using water in an environmentally unreasonable man...
The state statute at issue was intended by the legislature to allow judicial review of administrative decisions concerning the dredge and fill of privately owned wetlands, in order to guard against unconstitutional takings of land. Appeal from a decision of the Special Board denying plaintiff's appl...
The Mulford-Carrell Air Resources Act and the Pure Air Act of 1968 do not confer upon the California Air Resources Board (CARB) the power to regulate fuel composition, but only to set motor vehicle emission standards and to require the installation of emission control devices on motor vehicles. The ...
Independent and meaningful consideration must be given to environmental concerns required by local zoning and town plan ordinances before a town board may approve a new development proposal submitted by a private developer. A town board may not rely on recommendations from other municipal department...
Federal district court orders on remand from the Eighth Circuit that the Corps of Engineers file a new environmental impact statement with the Council on Environmental Quality and with the district court before work can resume on the Cache River-Bayou DeView Channelization Project. At the request of...
Controlled hunting, both with firearms and with bows and arrows, is a legitimate means of controlling deer population in a National Wildlife Preserve where there is a rational basis for concluding that the present number of deer endangers the preserve and neighboring privately owned lands, and where...
A court has discretion to award legal fees when the result is to shift the costs of litigation to the class that benefited from the suit. The court affirms an award of attorney fees in a suit brought to regain membership in a union under §102 of the Labor-Management Reporting and Disclosure Act. Re...