Motion for preliminary injunction of the Price Commission's approval of a New York City bus and subway fare increase for noncompliance with NEPA is dismissed because it is unlikely that Congress intended NEPA's requirements to apply to the Price Commission, a temporary agency established by Congress...
The provision of federal highway law which authorizes the Secretary of Transportation to approve only those highway projects which are consistent with the safety of the public, 23 U.S.C. §109(a), does not require the Secretary to consider the noise- and air-pollution impact of the proposed highway....
An economic poison is not "misbranded" so as to require the cancellation of its registration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), although its use in compliance with the directions on its label will cause certain food to become "adulterated" within the meaning of th...
A renewal project in downtown Washington, which would replace five squares of predominantly three- and four-story buildings containing small shops and businesses with multi-story office complexes and which would increase pedestrian and vehicular traffic and change transportation patterns, is a major...
Plaintiffs sought to enjoin the operation of defendants' swine finishing barn on the grounds that the odors emanting from the barn constituted a private nuisance and that they violated the Michigan Environmental Protection Act of 1970. On balance, the swine raising operation is carried on in a moder...
Where the United States Attorney asserts that a highway project is entirely a "state project," the plaintiffs must show the eventuality of federal participation in order to bring the project within the ambit of a "major federal action" referred to in NEPA. Complete implementation of the nation's env...
Even though the city of Charlotte will be paying all of the $600,000 cost for the widening of Sharon Lane, the resulting destruction of ancient oak trees is a major federal action requiring a formal impact statement because the project is a part of the federally assisted Sixth Circumferential Route....
The lower court's denial of a preliminary injunction in a suit brought to halt a Corps of Engineers' dam project for noncompliance with NEPA is affirmed. The district judge did not abuse his discretion.
Counsel for PlaintiffsNorman B. SmithThomas SchoenbaumRoger W. SmithP.O. Box 1842Greensboro, NC ...
Where design approval of two segments of Route 7 in Vermont was not obtained until after January 1, 1970, the effective date of NEPA, and where those segments are of potential environmental significance, §102(2)(C) of NEPA requires that an environmental impact statement be filed for them. The balan...
An 80-acre tract of land situated along both sides of the Cahaba River is not dedicated to the public use as a park by a common-law dedication in Alabama law absent a clear intention on the part of the owner to that effect. The court is bound to apply the law regardless of favorable environmental ef...