In consolidated cases, the Cleveland Electric Illuminating Co. (CEI) is prohibited from acquiring an easement over a privately owned tract of land for the purpose of building a power line and enjoined from constructing the power line across the Cuyahoga Valley National Park. The Court of Common Plea...
In a suit brought under §307 (b)(1) of the Clean Air Act, the 6th Circuit Court of Appeals vacates an amendment by EPA to the Michigan implementation plan since the change constitutes a "revision" rather than a "clarification," and EPA has not complied with the informal rulemaking requirements of t...
The requirements of NEPA do not apply to a proposed highway segment in Connecticut which the state intends to finance with state funds, even though federal funds have already been spent on planning the project. The project remains eligible for further federal funding, and a connecting segment of the...
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...