Where state Business and Professions Code requires ocean coastline subdivisions to provide public access to land below ordinary high watermark, where County Planning Commission required that developer provide footpath for public in compliance with Code, and where Board of Supervisors reversed ruling...
Plaintiffs' motion for partial summary judgment declaring that Section 5 of the Reclamation Act of 1902 is still in effect is granted. Section 5 makes residency a condition precedent to the right to receive water from federal irrigation projects. The government's contention that the residency requir...
The Federal Power Commission (FPC) regulations purporting to implement the National Environmental Policy Act of 1969 (NEPA) are invalid to the extent that they delegate the responsibility for preparation of an environmental impact statement to the applicant for a license. The FPC abdicated its respo...
In a suit brought by an environmental organization and the state of Illinois, the AEC's issuance of an interim operating license for the Quad Cities Nuclear Power Station, which would allow both plants to operate up to 50% of their total capacity, is preliminarily enjoined for failure to file an env...
New location hearings, design hearings and compliance with the environmental impact statement requirements of the National Environmental Policy Act (NEPA) are not necessary for a highway undertaking which was properly authorized prior to the effective dates of the Federal-Aid Highway Act of 1968 and...
The Tellico Project planned by the Tennessee Valley Authority for the Little Tennessee River was authorized by Congress and TVA in 1966. The project, which contemplates innundation of 16,500 acres including sites of historical, aesthetic and archeological significance, includes planned construction ...
A preliminary injunction was issued enjoining work on a water treatment and supply project (the Denniston Creek Project) on the grounds that no environmental impact report had been filed on the project as required by the California Public Resources Code §21151. Such a report is required if the proj...
Town incinerator ordered to comply in seven months with existing state regulations limiting smoke and flyash emissions in a suit filed by citizens under recently enacted state statute that permits citizens' suits to enforce laws designed to protect the environment.
Counsel for PlaintiffsStephen Ric...
The county of Freeborn will not be enjoined from condemning for use as a county highway lands which include wetlands used as a private game refuge not dedicated to public use. However, the questions of whether the power of eminent domain has been affected by the Minnesota Environmental Rights Act of...
New Hampshire statutes which govern the development of shorelines by riparian owners delegate to the Special Board authority to permit only such development as will not require the use of public lands. Authority to permit modification of a shoreline which will require the use of public lands is rese...