The court holds that a contractor's recovery of attorney fees under the Equal Access to Justice Act (EAJA) is barred by the U.S. Supreme Court's decision in Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598 (2001). The contractor origina...

The court holds that an electric utility need not reveal to the federal government calculations and analyses of the utility's emissions that its scientist and attorneys prepared in response to a U.S. Environmental Protection Agency suit filed against it for allegedly violating the Clean Air Act's (C...

The court reverses a district court decision that a property owner could not recover response costs under the Pennsylvania Hazardous Sites Cleanup Act (HSCA) because he failed to establish a release or threat of release of hazardous substances. A town previously used the property as a landfill, and ...

The court affirms the U.S. Court of Federal Claims' holding that the passage of the Resolution of Western Lands Dispute Act did not effect a taking of a railroad's land. When the railroad was incorporated in 1866, it was granted large areas of public land by the U.S. government. In exchange for the ...

The court approves a district court award of damages to an individual who was diagnosed with reactive airways dysfunction syndrome (RADS) after inhaling cement fumes. The court first holds that the expert testimony offered by the individual was sufficient for a reasonable jury to find that the indiv...

The court affirms in part and reverses in part a district court decision that found the U.S. government and oil companies liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for dumping acid sludge from the production of aviation gas during World War II an...

The court holds that a logging company's takings claims against the United States, based on the temporary prohibition of logging due to an injunction entered by an Oregon court, were properly dismissed for failure to state a claim. The injunction prohibited the company from logging its property with...

The court reverses a district court judgment holding that an insurer was not required to defend a manufacturer for contamination at two sites because the manufacturer had not provided timely notice of occurrence, but affirms the district court's judgment in all other respects. After four environment...

The court denies a corporation's Rule 11 motion to recover attorneys fees and costs from a gas company that the corporation sought contribution from under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The gas company manufactured gas on a site until 1973 when it...

The court holds that insurers are not obligated to defend or indemnify a manufacturing company for the costs of environmental remediation efforts undertaken at three of its manufacturing and waste disposal sites or for the costs of defending underlying environmental claims. The court first holds tha...