A California city ordinance limiting growth to 500 units per year (a figure substantially below the estimated demand for new housing in the community) is struck down as a violation of the constitutional right to travel, since no compelling governmental interest was shown. Defendants' arguments that ...

The Court of Appeals for the 3rd District of California affirms summary judgment forcing removal of a billboard as a public nuisance in violation of the Outdoor Advertising Act. Despite the fact that the billboard was constructed prior to the law's enactment, the failure of the billboard's owner to ...

The state's motion for partial summary judgment on its claim for damages of $6,000 per day for an oil spill from a U.S. Navy vessel is denied on the grounds that federal agencies and officers are not liable for civil penalties. The Navy may not invoke the doctrine of sovereign immunity and, in fact,...

The district court's denial of a preliminary injunction to restrain the issuance of construction permits and the granting of zoning variances on Fire Island pending completion of an environmental impact statement is affirmed and the case remanded. Because such municipal action in no sense contravene...

The court denies motions to dismiss class actions brought against the federal government (under the Suits in Admiralty and Public Vessels Acts) on behalf of commercial fishermen and private property owners for injuries stemming from the Coast Guard's negligent containment and cleanup of the Casco Ba...

The Supreme Court holds that Rule 23(c)(2) requires the plaintiff in a class action on behalf of all odd-lot traders using the New York Stock Exchange to send individual notice to all members of the class who can be identified with reasonable effort. Such individual notice is clearly the "best notic...

The court enters a consent judgment providing for limitations on road facilities and conservation pool construction on the B. Everett Jordan Dam project and for the completion of a supplementary water quality environmental impact statement. The judgment also provides a further opportunity for judici...

The Supreme Court of Pennsylvania reverses a decision of the Commonwealth Court and grants the state Department of Environmental Resources (DER) a permanent injunction on theories of public and statutory nuisance against discharge of acid drainage from a closed, inactive coal mine into a stream.The ...

The court denies plaintiff's motion for attorney fees and holds that although §304(d) of the Clean Air Act permits the granting of such fees to a losing party, the equities in this case make such an award inappropriate. The defendant acted with reasonable diligence and good faith in attempting to a...

The court dissolves an injunction against construction previously granted for inadequacy of an interstate highway segment's environmental impact statement. The court, on application by the defendant Volpe, finds that the newly-submitted impact statement complies with the procedural requirements of N...