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In re Marine Shale Processors, Inc.

The court refuses to issue a writ of mandamus overturning a district court refusal to order the U.S. Environmental Protection Agency (EPA) not to initiate enforcement action against hazardous waste generators for shipping material to petitioner hazardous waste treatment company, which lacks a Resour...

California Forestry Ass'n v. Thomas

The court holds that timber companies, a trade association, and a county lack constitutional and prudential standing to challenge the U.S. Forest Service's interim guidelines on managing spotted owl habitat in California's western Sierra Nevada national forests. Plaintiffs alleged that the guideline...

Jones v. Texaco, Inc.

The court holds that the owners of a contaminated site may not recover damages for negligence, gross negligence, or strict liability from an oil company that previously owned the site and used it to dispose of oil-field waste. The court first holds that Texas' two-year statute of limitations for pro...

National Ass'n of Home Builders v. Babbitt

The court holds that the Endangered Species Act's (ESA's) prohibition on the "take" of endangered species is not unconstitutional as applied to purely local activities that affect a fly that exists only in California. The court first holds that the record clearly shows that wildlife in general, and ...

Audubon Soc'y v. U.S. Forest Serv.

The court holds that the Freedom of Information Act (FOIA) requires the U.S. Forest Service to release to an environmental group management territory maps identifying Mexican spotted owl nest sites. The Forest Service may not withhold the maps under FOIA exemption 2, which permits withholding of inf...

U.S. Postal Serv. v. Phelps Dodge Ref. Corp.

The court rescinds a contract under which a metal refining company sold a contaminated site in Queens, New York, to the U.S. Postal Service. Applying New York law, the court first holds that breach of contract can be grounds for rescission. The company breached its contract with the Postal Service b...

Maricopa Audubon Soc'y v. U.S. Forest Serv.

The court holds that exemption 2 of the Freedom of Information Act (FOIA) does not exempt the U.S. Forest Service from disclosing documents revealing the locations of northern goshawk nest sites. The government has failed to demonstrate how the nest sites related "solely," or even predominantly, "to...

Reeves Bros. v. EPA

The court denies a private-property owner injunctive relief on its claim that the U.S. Environmental Protection Agency (EPA) and EPA employees violated the Fourth Amendment to the U.S. Constitution when an EPA emergency response team entered onto the property without a warrant and removed water and ...

Northwest Forest Resource Council v. Dombeck

The court reverses a district court opinion that the stare decisis effect of a decision by a federal district court in Washington State bars appellants' current challenge to the president's 1994 forest plan. The court holds that stare decisis does not require a district court in one circuit to follo...

Norbird Fisheries, Inc. v. National Marine Fisheries Serv.

The court holds that a commercial fisher's challenge to regulations establishing a limited entry program in the Pacific Coast Groundfish Fishery is untimely under the Magnuson Fishery Conservation and Management Act. The fisher failed to seek review within 30 days after the regulations were promulga...