A 1965 Department of Housing and Urban Development grant for waterfront redevelopment, half of which was still to be disbursed after January 1, 1970, is a major action with continuing federal involvement, and requires an environmental impact statement under NEPA. Particular parts of the project are ...
Construction of a large development pursuant to county approval is stayed pending the preparation of an environmental impact study under the state's Environmental Quality Act of 1970.
Counsel for PlaintiffJohn C. McCarthy100 Pomona Mall WestPomona, CA 91766
Counsel for DefendantsReid, Babbage &...
A chemical plant's emission of noxious odors that has been enjoined as a public nuisance also constitutes a private nuisance to all property owners who can prove that the chemical plant's emissions materially diminished the value of their property. The chemical company's actions also constitute acti...
A county zoning ordinance that prohibits the use of land zoned agricultural for the storage of junk is reasonably related to interests of the community that may be protected through exercise of the police power. The legislation delegating the state's zoning power recognizes as valid purposes of zoni...
A citizen suit seeking to enjoin state court review of Illinois's implementation plan under the Clean Air Act, on the basis that transmission of the completed plan to the Environmental Protection Agency (EPA) would be delayed beyond the statutory time limit, is barred by the federal anti-injunction ...
A decision to change the location of I-90 in the vicinity of North Bend, Washington, had a rational basis and was not arbitrary and capricious. The provisions of 23 U.S.C. §138 on preservation of parklands do not apply to a privately-owned waterfowl refuge. Plaintiff property owners prevail on thei...
In this suit to enjoin expansion of Connecticut Route 7, although design approval could have been obtained prior to the effective date of the National Environmental Policy Act (Jan. 1, 1970), post-NEPA design approval is not exempted from compliance with the Act. Nor can Policy and Procedure Memoran...
Fifth Circuit adopts district court holding that doctrine of laches bars class action by concerned users of New Orleans city park to enjoin in-progress construction of a six-lane, federal-aid highway through the park. Doctrine of laches can apply to a suit brought by private citizens asserting a pub...
In an order reversing the lower court (see Scenic Hudson Preservation Conference v. Diamond, 2 ELR 20207, for the lower court opinion), the appellate court held that the State Commissioner of Environmental Conservation could issue a certificate required by §21(b) of the Federal Water Pollution Cont...
"Tentative allocations" of federal aid to an airport project, followed by an application for funds, do not sufficiently federalize an airport runway project so as to require an injunction of construction already begun by the applicant before the putative grantor of funds has filed an impact statemen...