Town incinerator ordered to comply in seven months with existing state regulations limiting smoke and flyash emissions in a suit filed by citizens under recently enacted state statute that permits citizens' suits to enforce laws designed to protect the environment.
Counsel for PlaintiffsStephen Ric...
The county of Freeborn will not be enjoined from condemning for use as a county highway lands which include wetlands used as a private game refuge not dedicated to public use. However, the questions of whether the power of eminent domain has been affected by the Minnesota Environmental Rights Act of...
New Hampshire statutes which govern the development of shorelines by riparian owners delegate to the Special Board authority to permit only such development as will not require the use of public lands. Authority to permit modification of a shoreline which will require the use of public lands is rese...
Where the Economic Development Administration is financing a road which will run through land under the control of the Forest Service, a finding by the court below that the Forest Service is the "lead agency" with responsibility for filing an environmental impact statement required by NEPA will not ...
The government's petition for a writ of certiorari is denied. The decision below is reprinted at 1 ELR 20574 (see also the court of appeals denial of rehearing and opinion on issues which were reserved in its earlier decision, at 2 ELR 20092). Chief Justice Burger concurs because of the time Supreme...
Suit for $375 trillion damages allegedly incurred by plaintiffs and 125 million Americans living in urban areas as a result of defendants' conspiracy to suppress the development of antipollution devices for automobiles in violation of federal anti-trust laws is dismissed for failure to state a claim...
Commissioner of Public Health did not abuse his discretionary authority when he denied plaintiffs' request for a one-year postponement of the effective date of an air pollution control regulation reducing the permissible sulfur content in fuel oil to 1% (.5% in the Boston Metropolitan Area). The Com...
The state of Hawaii may not bring an action under §4 of the Clayton Act for damages to her general economy and prosperity under a theory of parens patriae. A state has a right-of-action under the antitrust laws to protect her proprietary interests, as where she is harmed by purchasing goods from a ...
Plaintiffs sued in nuisance for damages caused by the clouds of dust raised by the some 1,650 trips made by the defendant's trucks along the dirt road running in front of plaintiff's home. The trips were made for the purpose of delivering water pipe for construction of a new town water supply, and i...
District court dismissal for lack of jurisdiction of a suit alleging injury to riparian rights by upstream industrial polluters is affirmed, because the Rivers and Harbors Act of 1899 does not create a federal cause of action to protect a private right unrelated to navigation or anchorage. District ...