The court holds that the U.S. Department of the Interior (DOI) is not proscribed from taking into trust for the Mashantucket Pequot Tribe of Connecticut land that the tribe purchased from outside an area defined by a settlement agreement between the tribe, the state, and the federal government. In 1...

The Court holds that documents passing between Native American tribes and the U.S. Department of the Interior (DOI) are not exempt from the Freedom of Information Act's (FOIA's) disclosure requirements as intraagency communication that would normally be privileged in civil discovery. The documents a...

The court holds that the U.S. Court of Federal Claims improperly dismissed a city's breach of contract claims against the Bonneville Power Administration (BPA) for lack of jurisdiction. The BPA was created to serve the Pacific Northwest's energy needs. If there is surplus energy, the BPA may sell it...

The court holds that it lacks jurisdiction over claims brought by environmental groups against various governmental agencies protesting the issuance by the U.S. Army Corps of Engineers (the Corps) of 23 permits for various kinds of construction in Florida and their effect on the Florida panther. The...

The court reverses the Court of International Trade's holding that the U.S. government's decision to permit the importation of shrimp caught by turtle excluder devices (TEDs) from uncertified nations is not in accordance with international law, but affirms the court's denial of injunctive relief and...

The court holds that cemetery owners' takings claims arising from their failure to obtain a Clean Water Act (CWA) §404 permit from the U.S. Army Corps of Engineers are not ripe for review. In 1983, the property owners applied for a CWA §404 permit to dredge and fill 50 acres of the property, which...

The court certifies to the Florida Supreme Court the question of whether an insured is entitled under state law to an award of attorney fees incurred in enforcing a settlement agreement against an insurer. A steel company sought to recover remediation costs at an allegedly polluted site from its ins...

The court holds that a state land use board decision precludes property owners from obtaining federal court relief of their takings claim under the U.S. Constitution. The landowners were prevented from building on their land due to an Oregon State law permitting dwellings to be built in forest use z...

The court assumes jurisdiction over a state contract dispute between a county waste authority and an in-state waste facility operator to protect and effectuate an injunction that the court has jurisdiction over. In a related case, the Third Circuit held that New Jersey's flow-control laws governing ...

The court holds that the trustees of a manufacturer's estate are liable for the trichloroethylene (TCE) contamination under state nuisance and environmental laws. A district court issued interlocutory orders finding the trustees liable under the Comprehensive Environmental Response, Compensation, an...