In highway planning, the design approval stage is the crucial date for determining if agencies have any discretion whether or not to file a NEPA statement. If the design approval stage had not been reached prior to January 1, 1970 (the effective date of NEPA), then the Act must be rigorously complie...
On petition for review, the decision of the Administrator of the Environmental Protection Agency (EPA) not to suspend all registered uses of the chlorinated hydrocarbon pesticides aldrin and dieldrin under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (see Reasons Underlying The Re...
Suit by downtown property owners to enjoin condemnation of their land as a step in the implementation of a Downtown Urban Renewal Plan for failure to comply with required statutory procedures in preparing the Plan—including the National Environmental Policy Act of 1969—is dismissed. The nonenvir...
A state statute that authorizes municipalities to exercise their zoning power to establish historic districts, and the establishment of a historic district by the village of Franklin pursuant to that statute, is a constitutional exercise of the state's police power. Preservation of historic objects ...
A Canadian citizen and a Canadian environmental organization may intervene as of right in a suit which challenges the adequacy of the Secretary of Interior's compliance with the National Environmental Policy Act of 1969 (NEPA) with respect to his decision to permit the construction of the Trans-Alas...
A statute which delegated to the Water Resources Commission (WRC) the authority to regulate the erection of structures "in navigable waters" so as to control pollution and protect the recreational potential of these waters authorizes the WRC to permit construction of a high voltage electricity trans...
Congress, in placing the responsibility for preparation of environmental impact statements upon the agency proposing the action, has required that the agency make a good-faith effort to comply with NEPA. Agencies may meet that good-faith standard even if their employees personally are "anti-environm...
Where plaintiff, a lower riparian owner, has alleged injury to rights of navigation and anchorage caused by the various defendants' dumping of refuse without permit into the waters of the Mississippi River, the district court is vested with jurisdiction under the Refuse Act.
Counsel for Harold Hawk...
The state of New York's zoning enabling legislation permits the town of Ramapo to amend its Zoning Ordinance to insure phased growth. The legitimate zoning purposes of the amendments, which delay development of property in some areas for up to 18 years depending on the availability of municipal faci...
A federal statute which limits the liability of a shipowner for the acts of his ship to the value of his interest in the vessel bars full recovery by the state under a state statute for damages resulting from an oil spill in Baltimore Harbor. The damages suffered by private individuals—including c...