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Bicknell v. Boston, City of

The court rejects the city's attack on a state public health department order requiring a municipal incinerator to adopt a schedule for complying with applicable air pollution emission limits. As the defendant failed to seek judicial review of the order when it was adopted, the only issue before the...

Hill v. Coleman

This suit by a nonprofit community association and property owners challenges a Delaware highway project for alleged failure to comply with NEPA, the Department of Transportation Act, and the Federal-Aid Highway Act. The court rejects plaintiffs' assertion that any element of the Newark, Delaware, b...

Gifford-Hill & Co. v. Federal Trade Comm'n

The D.C. Circuit Court of Appeals affirms dismissal of a suit seeking to nullify a Federal Trade Commission adjudicatory antitrust proceeding, on the ground that the agency failed to comply with the National Environmental Policy Act in making its decision to prosecute. While the plaintiff may suffer...

Environmental Defense Fund v. East Bay Mun. Utils. Dist.

Environmental groups and residents of defendant's service area appeal from dismissal of their complaint, which seeks declaratory and injunctive relief under the California Constitution against defendant's handling of waste waters. Plaintiffs allege that defendant has decided not to engage in waste w...

Greater Westchester Homeowners' Ass'n v. Los Angeles, City of

After recovering damages for diminution of property value, plaintiff homeowners and family members residing adjacent to L.A. Airport's North Runways here seek nuisance damages for mental and emotional distress caused by jet aircraft noise. Under California Civil Code §3479, nuisance applies to airc...

HFH, Inc. v. Superior Court

The California Supreme Court, sitting en banc, rules that this landowners' complaint alleging that a municipal zoning action reduced the market value of their property by 80 percent fails to state a cause of action in inverse condemnation. Plaintiffs, hoping to build a shopping center, bought a vaca...

Weltner v. Producers Pipeline Co.

The court grants defendant corporation's motion to dismiss, for lack of jurisdiction, this suit attacking discharge of crude oil from defendant's pipeline onto plaintiffs' land and waterways. Section 311 of the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. §1321, ELR 41116-18, is the only ...

Citizens for Safe Power v. NRC

The Nuclear Regulatory Commission's (NRC) issuance of an operating license to the Maine Yankee atomic power plant is affirmed. The evidence supporting issuance was adequate to afford reasonable assurances that the small increment of background radiation attributable to the plant will not jeopardize ...

Greene County Planning Bd. v. Federal Power Comm'n

The court lacks jurisdiction over a petition submitted by the Greene County Planning Board seeking revocation of a Federal Power Commission construction permit issued for a "circuit tower" in Franklin County, New York. The tower would enable the New York Power Authority to import Canadian electricit...

York Comm. for a Safe Env't v. NRC

The Court of appeals remands this petition for review of the licensing of a light-water-cooled nuclear reactor in York County, Pennsylvania, to the Nuclear Regulatory Commission (NRC) for an individualized consideration of the costs and benefits of reducing radioiodine exposure from the reactor to b...