In a suit by the city of Chicago seeking to require defendants to equip all new and old vehicles operating in Chicago with tamper-proof emission control devices, the district court's dismissal, 1 ELR 20408, is affirmed. Federal legislation is held to preempt enforcement of emissions standards for ca...

The Corps of Engineers, in fulfilling its NEPA responsibilities pursuant to issuing a construction permit under Section 10 of the Rivers and Harbors Act of 1899 and issuing a discharge permit under Section 13 of that Act, cannot first decide to consider the environmental impacts of both permits toge...

Under California's legislation patterned on NEPA (Public Resources Code §§21000 et seq.) the city and county of San Francisco does not have to file an environmental impact report on the Yerba Buena Center.
Counsel for PlaintiffEugene A. BrodskyJarvis, Miller & Brodsky123 Second StreetSan Fran...

Park Service must comply with NEPA, the National Historic Preservation Act of 1966, and the Rivers and Harbors Act of 1899 in continuing construction in the C & O Canal National Park and in construction affecting the nearby Potomac River.
Counsel for PlaintiffsOscar S. Gray1225 19th Street, NWW...

For the opinion of the Court of Appeals for the Ninth Circuit (dated March 2, 1972), see 2 ELR 20139. On remand, the district court ejoins further construction on a partially complete federally assisted interstate highway and denies defendants' motion for order of compliance. The court holds that th...

The Court of Appeals for the Tenth Circuit reverses the dismissal of a suit seeking preliminary and permanent injunctive relief against the execution of a lease on Indian lands approved by responsible officials of the Department of the Interior on the grounds that an environmental impact statement i...

Summary judgment is granted to defendants in a suit filed under the National Environmental Policy Act (NEPA) and the Airport and Airway Development Act, seeking a declaratory judgment and an injunction against the construction of the proposed Richmond Airport. The National Environmental Policy Act (...

For the earlier opinion of the district court, see 2 ELR 20443. On rehearing, the court holds that the defendants failed to comply with the National Environmental Policy Act (NEPA), which requires a detailed environmental impact statement. The court orders defendants to give sufficient notice to the...

Losses from torts which are likely to occur in the ordinary conduct of an enterprise should be a required cost of doing business. Thus, a corporation which mines raw coke and sells screened coke is not as a matter of law immune from vicarious liability for a nuisance created by the intermediate scre...

A state statutory scheme allowing a fixed annual amount of industrial discharge, with a surcharge for reasonable excess, is upheld. The scheme is a valid exercise of the police power in the interest of public health. Due process is not denied simply because industry is not allowed to use less costly...