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 ...
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...
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...
The Eighth Circuit Court of Appeals affirms a lower court's ruling that the environmental impact statement for the Corps of Engineers' Truman Dam project on the Osage River adequately complies with the requirements of NEPA. The district court correctly refused to grant plaintiffs' request for a prel...
The Ninth Circuit Court of Appeals affirms a lower court's decision upholding the constitutionality of the large-lot zoning ordinance of a California suburban community. Plaintiffs, a group of Mexican-Americans wishing to construct a low-income multifamily housing project on certain land within the ...
Provisions in Rivers and Harbors Act of 1899 awarding individual one-half criminal fine imposed upon polluter his information helped convict does not afford individual right to maintain civil qui tam action for the reward in face of U.S. Attorney's unwillingness to bring action against alleged pollu...
Suit brought by conservation organization seeking injunction against construction of the Cross-Florida Barge Canal is consolidated with the suit brought by the Canal Authority of Florida to enjoin the enforcement of the Presidential Order which suspended Canal construction. While the legal issues in...
Even if the government has failed to act, the Refuse Act does not authorize a civil qui tam action by a private party aimed at imposing criminal penalties on a suspected polluter.
Counsel for Plaintiff:S. Gordon BlalockBlalock, Holbrook, Lewis, Paul & Bennet730 American Heritage Life Building11...
Where New Jersey township previously lost battle over location of portion of I-95 in state court it is barred by res judicata from maintaining identical action against state defendants in U.S. District Court and by collateral estoppel from maintaining same action against newly included federal defen...
Nevada law holds that state agency determinations resulting from proceedings that are conducted according to regulations of which interested parties are unaware are subject to invalidation on those grounds. If persons seeking to invalidate the decision knew of the operative regulation, however, reli...