Plaintiffs, owning land near a public water authority's proposed site for the erection of storage tanks and the drilling of artesian wells, state a cause of action under Article 1, Section 27 of the Constitution of Pennsylvania (an "Environmental Bill of Rights") only in that they allege that the wa...
The county of Freeborn will not be enjoined from condemning privately owned marshland for use as highway right-of-way in a suit brought under the Minnesota Environmental Rights Act of 1971. The statute's prohibition of "any conduct which materially adversely affects . . . the environment,"...
Because the construction of a 527,000-kilowatt electric generating plant by three public utilities will include creation of an artificial cooling pond connected to the navigable Wisconsin River, Wisconsin Statute §30.12 makes work on that project without a Department of Natural Resources permit unl...
The operation of limestone quarries in the Colorado Rocky Mountains in such a way as to create shock waves annoying to nearby residents, to raise large quantities of dust, and to do considerable aesthetic damage to those mountains is a public and a private nuisance. Such operation is enjoined regard...
An injunction restraining construction of an earth embankment dam across the Cossatot River in Arkansas is dissolved upon the filing of an environmental impact statement by the Corps of Engineers. The injunction is based on five separate memorandum opinions reported together at 1 ELR 20130. Although...
A suit which seeks to reduce commercial jet aircraft use of Washington National Airport and to shift that traffic to Dulles International Airport is dismissed. The Federal Aviation Administration did not abuse its discretion to regulate aircraft use of Washington, D.C., area airports by permitting s...
A HUD "negative statement" on the environmental impact of a $3,763,200 insured loan under §236 of the National Housing Act for construction of a 272-unit apartment complex satifies NEPA's requirements. The HUD procedure is within the bounds of agency discretion, and an inflexible approach to NEPA c...
A use of land that conforms with existing zoning and health regulations and that is pursued with reasonable care, nevertheless may be enjoined as a private nuisance where the use results in a substantial interference with the use and enjoyment of other property. A lower court's decision enjoining a ...
Oregon statute which recognizes all easements acquired by the public by prescription or otherwise, in-land below the high watermark, and prohibits all construction in this area without a permit, is not an unconstitutional taking of a beachfront owner's property without due process. The states are fr...
Plaintiff, a producer of fuel oil and a consumer of electric power, has standing to challenge an Environmental Protection Agency (EPA) order issued under the Clean Air Act, which requires a power company to cease burning plaintiff's fuel because it contains more sulphur than is permitted by Delaware...