The court holds that construction of a municipal sewage treatment plant, although authorized by state law, was properly enjoined by the lower court as a nuisance. The court reaffirms the principle that "there can be no abatable nuisance for doing in a proper manner what is authorized by law." It rul...

The court holds that a county's condemnation of land for use as a public park with the unstated purpose of preventing construction of a hazardous waste disposal facility on the site is a bad-faith exercise of eminent domain authority. Initially, the court rules that completion of the special master'...

The court affirms a lower court ruling granting to plaintiff the right to walk on defendants' land, between high and low watermarks, in order to fish from a publicly owned jetty. The court finds that the access right stems from a colonial Massachusetts ordinance that granted ownership subject to a r...

Pursuant to the Supreme Court's remand in Environmental Protection Agency v. Brown, 7 ELR 20375, the Court of Appeals for the District of Columbia Circuit concludes that petitioner's challenge to the transportation control regulations promulgated by the Environmental Protection Agency (EPA) in 1975 ...

The Court, setting aside a judgment by the Virginia Supreme Court, invalidates a regulation banning commuter parking in designated residential areas in Arlington County. The regulation does not violate the equal protection guarantee of the Fourteenth Amendment because the discrimination inherent in ...

The Missouri Court of Appeals remands a decision of the St. Louis Board of Adjustment granting demolition permits for nine buildings in the Soulard Historic District. The record must clearly show that it is economically impractical to rehabilitate the buildings and that the landowner can make no rea...

The court affirms the trial court's dismissal of a complaint challenging the constitutionality of the creation of the Buffalo National River as a national park and asserting that the public has no prescriptive easement for use of the Buffalo River and its bed. In 1972, Congress established the Buffa...

Granting defendants' motion for summary judgment, the court upholds the Park Service's restrictions on recreational use of the Colorado River running through the Grand Canyon. Due to intensified use of the Colorado River and threatened ecological damage, the Department of the Interior has establishe...

In a case of first impression, the district court holds that a coal slurry pipeline company, as successor in interest to a Homestead Act patentee, has the right to construct and operate a coal slurry pipeline beneath land that is subject to a railroad right-of-way granted by the Pacific Railroad Act...

The court upholds the Corps of Engineers' final decision to begin impounding water behind the B. Everett Jordan Dam in North Carolina after determining that it was not clearly erroneous. The parties agreed that the issue to be tried was whether defendants' impoundment decision was arbitrary, caprici...