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Environmental Defense Fund v. Brinegar

In deciding whether a feasible and prudent alternative exists to construction of a federally funded highway through parkland, the Secretary of Transportation may defer to local opinion as to whether an area is a public park, but may not defer to local preference as to its use, and instead must consi...

United States v. Union Oil Co. of Cal.

The reservation of "all the coal and other minerals" to the federal government in a land patent issued under the Stock Raising Homestead Act of 1916 did not include geothermal resources. After examining the statute's legislative history, the court determines that the intent of Congress was to reserv...

Exxon Corp. v. New York, City of

Federal regulations governing fuel and fuel additives, which become effective in January 1975, do not preempt New York City's present regulation of gasoline lead content and volatility, and plaintiff Exxon's motion for summary judgment on that theory is therefore denied. There can be no conflict bet...

Environmental Defense Fund v. Mayor-Commissioner of the Dist. of Columbia

Petitioner's request for review of respondent's failure to declare chronic air pollution in the District of Columbia to be an "Emergency Episode" under the provisions of the D.C. Air Pollution Act, is dismissed for lack of proper jurisdiction. The D.C. Administrative Procedure Act limits judicial re...

Friends of the Earth v. EPA

Petitioners challenge EPA's approval of those portions of the New York Implementation Plan which concern transportation controls for New York City as being illegal under the requirements of the Clean Air Act. Applying the arbitrary and capricious standard of review, the Second Circuit Court of Appea...

Hudson River Fishermen's Ass'n v. Federal Power Comm'n

The court denies petitions for a rehearing after finding that §16 of the Federal Power Commission Act, which requires construction of power plants to begin within two years of a license grant and limits extensions, will not foreclose Con Edison's Storm King project if construction is suspended pend...

Watson v. Kenlick Coal Co.

Plaintiff, owner of the surface estate of Kentucky coal-bearing lands, contends that defendant, who holds the mineral estate under a "broad-form" deed and is engaged in strip mining of the land, is acting under color of state law and taking plaintiff's property without due process or just compensati...

Harlem Valley Transp. Ass'n v. Stafford

The Second Circuit Court of Appeals affirms a district court order requiring the Interstate Commerce Commission to determine whether a NEPA impact statement is necessary in each railroad abandonment proceeding, and if so, to prepare a draft EIS prior to any administrative hearings. The single-judge ...

Warm Springs Dam Task Force v. Gribble

Supreme Court Justice William O. Douglas, sitting in his capacity as Circuit Justice for the Ninth Circuit, stays, pending appeal by plaintiffs to the circuit court, a district court order allowing construction of the Warm Springs Dam project to proceed. The stay is granted largely on the basis of a...

Highland Park, City of v. Train

The court dismisses a suit to enjoin further construction on a highway expansion project and an adjacent shopping center complex for failure to state a claim under either the Clean Air Act or NEPA for which relief can be granted. The court strictly construes the Clean Air Act's requirement that noti...