The Secretary of the Interior is required by 25 U.S.C. §415 to approve any lease of Indian lands. On May 24, 1970, the Secretary approved such a lease which contemplated developing a small city near the pueblo of Tesuque. The plaintiffs sought an injunction preventing the lease from becoming effect...

Plaintiff's action for damages and injunctive relief against 293 named municipalities and industries on behalf of himself and the 7,119,184 residents of Los Angeles County based upon the alleged air polluting activities of the defendants was properly dismissed as an improper class action that sought...

An ordinance passed by the city of Bowie requires a deposit of at least 5 cents to be paid on all soft drink and malt beverage containers sold in the city. The City Manager is empowered to enter stores to inspect for violations. The plaintiffs, soft drink bottling companies and liquor retailers, cha...

On remand from the Supreme Court, see Citizens to Preserve Overton Park, Inc. v. Volpe, 1 ELR 20110 (U.S. Mar. 2, 1971), the district court finds that Secretary Volpe, contrary to his testimony, did not consider alternative routes prior to his approval of the use of parkland for the highway. Moreove...

The trial court's denial of a motion to dismiss a suit alleging that the construction and operation of a private airport would constitute a nuisance and therefore should be enjoined is affirmed. Where there is a reasonable certainty that irreparable harm will result from the operation of an otherwis...

In its decision of issues reserved in D.C. Federation of Civic Associations v. Volpe, 1 ELR 20572 (D.C. Cir. Oct. 12, 1971), the court holds that §23 of the Federal Aid Highway Act of 1968 did exempt the Three Sisters Bridge project from the highway planning provisions of the D.C. Code, but that th...

Settlement order entered in suit to halt widening of a portion of the New Jersey Turnpike whereby the Turnpike Authority agrees to intensify its study of air and noise pollution and to meet noise pollution standards established in cooperation with plaintiffs' experts.
Counsel for PlaintiffsLeonard ...

All natural resources in the state of Wisconsin are impressed with a public trust for usage and conservation as a state resource, according to common law. Any statute requiring a riparian owner to obtain a permit to divert water is a derogation from common law and must be construed strictly. Under t...

The Department of the Navy has complied with the procedural and substantive duties of the National Environmental Policy Act of 1969 in planning for a mock amphibious landing on Reid State Park, Maine by evaluating the environmental impact of the planned landing operation and alternatives to that act...

Environmental Protection Administrator's decision not to permit a six-month variance from requirements of the New York City Air Pollution Control Code for plaintiff's Arthur Kill generating station was preceded by a quasi-judicial hearing. Therefore, under CPLR 7803(4), judicial review jurisdiction ...