The zone of interests protected under NEPA does not include one hospital suing to enjoin construction of a competing hospital under an aircraft flight path, and plaintiff thus lacks standing to assert a claim under the Act. As a corporation, plaintiff cannot assert an injury to its aesthetic enjoyme...

The Eighth Circuit Court of Appeals reverses a lower court's ruling that plaintiffs lack standing to maintain an action seeking to enjoin construction of a proposed "new town" project for lack of compliance with the requirements of NEPA. Plaintiffs' allegations of injury in the form of increased aut...

Defendant land developer's preliminary objection to the lack of specificity of plaintiff's complaint is sustained, and leave is granted to the Commonwealth to amend its complaint to state the location of the land from which the soil allegedly washes into Commonwealth waters. Defendants' second demur...

Plaintiff cannot maintain civil qui tam action under §411 of Rivers and Harbors Act of 1899 for recovery of criminal fine provided for unauthorized polluters of navigable waters because informer's right to one-half fine collected vests only after conviction in criminal proceeding which he cannot in...

Plaintiffs' request for declaratory and injunctive relief to prevent further work on Baer Field Expressway on grounds that defendants failed to comply with Department of Transportation Act, the Federal Aid Highway Act, and the National Environmental Policy Act is denied. Failure of highway administr...

Air Pollution Commission's abatement order cannot stand where hearing examiner's finding that petitioner's coke ovens violated state air pollution standards was based upon visual observations of expert witness unaided by Ringelmann Smoke Chart or other available scientific methods for determining sm...

Defendant motor vehicle manufacturers' motion to dismiss this class action products libility case granted. The court found the case was too complex for city of Chicago to represent adequately the class which it purports to represent—all individual and corporate Illinois citizens resident in Chicag...

On remand from the United States Supreme Court for trial on the issue of whether the Secretary acted arbitrarily in approving a segment of interstate highway to be located in Overton Park, see Citizens to Preserve Overton Park v. Volpe, 1 ELR 20110 (U.S. Mar. 2, 1971), the district court issues a Pr...

City of New Haven, which operates airport built with federal funds and operated under National Airport Plan, is liable under "inverse condemnation" theory for property damage to residents over whose property jet planes fly causing soot, noise and vibrations. New Haven not liable to those property ho...

Where defendant maintained unfenced junkyard which presented fire hazard due to presence of combustible materials, health hazard because water in and under cars was breeding ground for mosquitos, safety hazard because site was attraction for children, and pollution hazard because of on-property burn...