Secretary of Transportation cannot be required to prepare an environmental impact [§102(2)(C)] statement under the National Environmental Policy Act for section of Interstate Highway 90 in Cascade Mountains, because highway location was determined in 1967. Suit for preliminary injunction dismissed....

Highway opponents' allegations that the Secretary of Transportation had failed to make decisions regarding the location and design of a federally funded highway in a public park in the manner prescribed by 49 U.S.C. §1653(f) and 23 U.S.C. §138 and that these decisions were in any event unreasonabl...

Trial court's non-suit after trial of an Atlantic Ocean littoral landowner's action for compensation for foreshore lands reclaimed by the municipality as an erosion-resistant sand berm is affirmed. Under the Submerged Lands Act of 1953, 43 U.S.C. §§1301 et seq., and North Carolina statutory and co...

Plaintiffs' request denied for permanent injunction against construction, in historically and architecturally unique and valuable area, of state prison medical facility funded in part with grant under Safe Street Act of 1968, 42 U.S.C. §3733. Application of National Environmental Policy Act, 42 U.S...

Standing to challenge Corps of Engineers' issuance of permits to Penn Central granted because plaintiffs allege that the permitted dike and fill operation along the foreshore of the Delaware River will cause them injury-in-fact by damaging the environment of the area, blocking a navigable tributary ...

The Secretary of Transportation's approval of federal expenditures for the consturction of a segment of Interstate Highway I-40 through Overton Park is subject to judicial review under §701 of the Administrative Procedure Act, because the federal highway statute which authorized the Secretary's dec...

Minnesota county that permitted contractor to divert water during road construction and to construct dam to contain it on adjacent property is liable to plaintiff for flood damages where plaintiff repeatedly protested of the hazard, despite fact that easement and waiver of liability had been unsucce...

Coal mine owner ordered to resume treatment of acid drainage from an inactive mine to prevent pollution of the West Branch of the Susquehanna River pending trial to determine owner's liability under state's water pollution statutes and common-law nuisance doctrines. In light of the public interest i...

Suit to invalidate Corps of Engineers' dredge-and-fill permit allowing the expansion of the Portland International Airport into the Columbia River dismissed. Plaintiffs, national and local conservation organizations, do not have standing to challenge the Corps' issuance of the permit, although they ...

Section 11546 of California's Business and Professions Code authorizing the governing body of a city or county to require that a subdivider must, as a condition to the approval of a subdivision map, dedicate land for park or recreation purposes or pay a fee in lieu thereof held to be a constitutiona...