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Douglas v. Seacoast Prods., Inc.

The Supreme Court invalidates, under the Supremacy Clause, two Virginia statutes that limit the right of nonresidents and aliens to catch fish commercially in the state's territorial waters. Persons wishing to fish commercially in Virginia must obtain licenses. Va. Code §28.1-81.1. Only citizens or...

Commonwealth v. Petralia

The court rejects defendant's equal protection challenge to Cambridge, Massachusetts, parking regulations that distinguish between residents and nonresidents. The city's classification is rationally related to the city's legitimate interest in reducing highway congestion and air pollution, and in en...

Dover, Township of v. U.S. Postal Serv.

The court grants defendants' motion for judgment on the pleadings, treating it as a motion for summary judgment, and denies plaintiff's motion for summary judgment. The Postal Service was constructing a new mail processing facility and planned to move some of plaintiff Dover Township's operations to...

Copart Indus. v. Consolidated Edison Co. of N.Y.

The court holds that negligent conduct may be part of a cause of action for nuisance and that plaintiff was not prejudiced by a jury instruction that specifies that contributory negligence may be a defense in such an action. Plaintiff owned an automobile storage lot near defendant's oil-fired power ...

Concerned Citizens of R.I. v. NRC

The court dismisses plaintiff's challenge to the Nuclear Regulatory Commission's (NRC) docketing and processing of New England Power Company's applications for permits to construct two light-water nuclear power plants. The district court does not have jurisdiction over NRC's action because plaintiff...

California ex rel. State Air Resources Bd. v. Department of the Navy

Plaintiffs brought suit for civil penalties and injunctive relief, claiming that the level of air pollution emitted from certain of defendants' jet engine test cells violates local and state air quality standards contained in the California implementation plan, 40 C.F.R. §52.220, which was approved...

Bunker Hill Co. v. EPA

Finding for respondent on various legal and procedural issues in this challenge to the Environmental Protection Agency's (EPA) rejection of Idaho's proposed implementation plan measures for controlling sulfur oxide emissions from petitioner's smelting plant, the court nonetheless remands the agency'...

British Airways Bd. v. Port Auth. of N.Y. & N.J.

The Second Circuit Court of Appeals affirms the lower court's order, 7 ELR 20648, dissolving the Port Authority's ban on Concorde SST flights at Kennedy Airport and permits the Concorde to serve New York under the new federal operations specifications. Criticizing the Port Authority's "total resista...

Coalition for Lower Beaufort County v. Alexander

The court dismisses a complaint alleging a violation of the National Environmental Policy Act (NEPA) 42 U.S.C. §§4321 et seq., ELR STAT. & REG. 41009, in the granting of a permit by the Secretary of the Army for dredging and construction of an 850-foot pier at Victoria Bluff, South Carolina, n...

Chamber of Commerce v. Department of the Interior

The court rules that plaintiff lacks standing to challenge the Department of the Interior's failure to prepare an environmental impact statement (EIS) in connection with comments and testimony submitted to a congressional committee considering Alaskan lands legislation. Plaintiff's lack of opportuni...