The court affirms in part and reverses in part a district court decision on trespass, nuisance, strict liability, and negligence claims brought by property owners in Mississippi against a tire factory for the alleged release of carbon black and petroleum naptha. The court first holds that the simila...

The court holds that the U.S. Forest Service's management of national forests in Texas violates the National Forest Management Act (NFMA) and its regulations. As a result of these violations, the court enjoins the Forest Service from engaging in timber harvesting under any method until such time tha...

Applying Wisconsin law, the court holds that the environmental investigation costs incurred by a utility company at two sites it previously owned are not damages under the company's comprehensive general liability (CGL) policies. Wisconsin courts interpret the word "damages" in CGL clauses narrowly ...

The court holds that a nonsettling potentially responsible party (PRP) must pay a portion of past and future remediation costs incurred by settling PRPs at the Sullivan's Ledge site in New Bedford, Massachusetts. Relying on the jury's findings, the court first holds that the nonsettling party must p...

The court holds that a U.S. Fish and Wildlife Service warrant and subsequent search violated homeowners' Fourth Amendment constitutional rights against unreasonable searches and seizures when two cable television networks accompanied the search. The court first holds that collateral estoppel does no...

The court denies an insurer's motion to stay the proceedings and grants partial summary judgment to the insured corporation in an indemnification suit for personal injury damages resulting from the inhalation of sludge fumes. The court first denies the corporation's motion to dismiss the insurer's a...

The court holds that Endangered Species Act (ESA) §9(a)(1)'s application to a fly that exists only in California is within Congress' Commerce Clause power. The court first holds that the application of ESA §9 to the fly can be viewed as a proper exercise of Congress' Commerce Clause power over act...

The court holds that the U.S. Environmental Protection Agency's (EPA's) Office of Inspector General must disclose portions of its internal investigations manual and other law enforcement documents pursuant to a public interest group's Freedom of Information Act (FOIA) request. The court first holds ...

The court holds that a real estate developer, who alleges that the U.S. Army Corps of Engineers' denial of a permit to build a levee effected a taking in violation of the Fifth Amendment, failed to file suit within the statute-of-limitations period. The court first holds that under the circumstances...

The court holds that the issue of whether a six-year statute of limitations for actions brought by the United States applies to Minerals Management Service (MMS) administrative orders to pay oil and gas royalties is moot. The MMS issued an order on May 17, 1994, finding that an oil company's predece...