The Court upholds a New York village zoning ordinance restricting occupancy per dwelling to a single family, and defining "family" as persons related by blood, adoption, or marriage, or not more than two unrelated persons, living together as a single housekeeping unit. The Court finds the ordinance ...
The U.S. Court of Appeals for the D.C. Circuit reverses and remands a Federal Power Commission decision to postpone action on an intrastate gas company's request for a determination as to whether providing service to an area which is claimed by both Tennessee and Georgia will subject it to regulatio...
The Fifth Circuit Court of Appeals upholds a lower court ruling that full NEPA compliance has occurred with respect to the Tennessee-Tombigbee Waterway project, and affirms the dissolution of a preliminary injunction. After an initial ruling that plaintiffs must establish their claims of procedural ...
The Colorado Supreme Court vacates a permanent injunction against further quarrying activity on property zoned for such use and reverses a lower court's ruling that such activity constitutes a public and private nuisance. The court holds that a use by right which is permitted under legislative zonin...
The Administrator of the Federal Energy Office was not required to prepare a NEPA impact statement in conjunction with the issuance of regulations establishing mandatory crude oil allocation among refiners. Under the Emergency Petroleum Allocation Act of 1973, the Administrator was obligated to prom...
On petition for a rehearing, the court partially revises its earlier opinion by ruling that the Secretary of the Interior's order of April 21, 1971, suspending oil drilling in the Santa Barbara Channel, became invalid on October 18, 1972, when the 92nd Congress adjourned. The Secretary's authority t...
The Second Circuit orders the FPC to hold new hearings on the impact that Consolidated Edison's proposed power plant at Storm King Mountain would have on Hudson River fish populations, in light of evidence indicating that the river is a tidal estuary which, because of flow changes, creates increased...
The Supreme Court of Illinois reverses a lower court and rules that a state Environmental Protection Act provision allowing the Illinois Pollution Control Board to impose a monetary penalty of up to $10,000 against the city of Waukegan for operating a refuse disposal site without a permit from the s...
A motion to enjoin a building rehabilitation project on the ground that the Department of Housing and Urban Redevelopment did not file an environmental impact statement is denied because the plaintiffs are unable to prove that they constituted a class for Rule 23 purposes, or that the project would ...
The owner of a petroleum tank farm bears strict liability under the Rivers and Harbors Act of 1899 for an unauthorized oil discharge into a navigablewaterway which was caused by seepage from a large accumulation of oil under its property. Defendant had admitted ownership of the oil, and the court ho...