The court affirms in part and reverses in part a mining union's claim that the state of Utah breached a trust created for the establishment of a hospital for disabled miners by using the trust to construct a rehabilitation center for the general public. The court first holds that the Utah Enabling A...

The court holds that a gambling machine, known as the Lucky Tab II, used on Native American lands should be classified under the Indian Gaming Regulatory Act (IGRA) as a Class II aid, the use of which does not require a Native American tribe to first obtain state approval in a tribal-state compact. ...

The court holds that an insurance company is liable for neither indemnification nor defense costs incurred by a housing authority in a suit brought by a mother whose child suffered injuries from lead paint on the walls of the authority's housing complex. The court holds that the pollution exclusion ...

The court holds that a Colorado statute that exempts from taxation certain possessory interests in tax-exempt property violates the state constitution. A ski area operator, whose ski resort is located on federal land, filed suit challenging the appraisal of its owed taxes on the basis that taxation ...

The court vacates and remands a district court's order issued after an Endangered Species Act case brought by an environmental group against a lumber company had been declared moot. The district court granted the lumber company's motion to dismiss the case as moot but then issued an opinion outlinin...

The court grants Illinois' request to remand to state court its case against the U.S. Department of the Army (Army) for improperly releasing pollutants from its Joliet Army Ammunition Plant into waste streams and outfalls that ultimately ended up in Prairie Creek, a tributary of the Kankakee River. ...

The court affirms a district court decision that municipal liens placed on individuals' property did not constitute a taking or violate the individuals' due process rights. In 1992, and again in 1993, a town imposed municipal liens on the property for municipal improvement. In 1999, the individuals ...

The court rejects the use of the practicably irrigable acreage (PIA) test as the exclusive quantification measure for determining water rights on Native American reservations and instead creates a new list of factors to be considered in determining reserved water amounts. Under Winters v. United Sta...

The court denies an environmental remediation specialist's claims that a port commission owed it money for cleaning up property leased by the commission. A chemical manufacturer leased land from the port commission. Upon discovering contamination on the property, the manufacturer hired the environme...

The court affirms an Armed Services Board of Contract Appeals decision denying a construction company's application for an equitable adjustment for additional costs incurred hauling waste from its construction activities at a U.S. Navy project at the Lajes Air Base on Terceira Island in the Azores. ...