The court upholds the denial of an Equal Access to Justice Act (EAJA) award of attorney fees to a party prevailing on at least one significant issue in its unsuccessful attempt to block issuance of a permit to the city of Virginia Beach for the construction of a potable-water pipeline because the go...

The court affirms a district court decision that Montana's two-year statute of limitations for property damage claims bars claims by a Superfund site owner against manufacturers of chemicals discarded by the owner on the site. The court holds that the discovery rule, which tolls the statute of limit...

The court holds that the U.S. Forest Service did not arbitrarily or capriciously conclude that no significant environmental impact would result from the Calispell Timber Sale in Washington State, offered pursuant to the Colville National Forest Land and Resource Management Plan, and, therefore, no e...

The court holds that property owners located near a rail yard contaminated by polychlorinated biphenyls (PCBs) are not entitled to damages for temporary and remediable harm to their property which the Environmental Protection Agency (EPA) has agreed to remediate without any cost to the property owne...

The court holds that the district court properly ruled that a public interest group is not a prevailing party under the Equal Access to Justice Act (EAJA), because the group conceded that its prelitigation efforts, rather than the filing of its lawsuit, caused the U.S. Forest Service to withdraw a c...

The court holds that timber companies and an industry trade association lack standing to bring claims under the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the National Forest Management Act (NFMA) challenging actions by the U.S. Forest Service to protect the red-...

The court holds that a county legislature has no independent standing to intervene in an action involving alleged Federal Water Pollution Control Act (FWPCA) violations at the county's landfill. The legislature moved to intervene as a necessary party under Federal Rules of Civil Procedure 24(a)(2) a...

The court holds that an insurance company must defend and indemnify its insured in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability case brought in Nebraska, but applies the law of Colorado, the principal location of the insured risk, to interpret the insura...

The court holds that environmental groups and private individuals are not entitled to a preliminary injunction prohibiting the U.S. Forest Service from implementing animal damage control (ADC) plans to reduce coyote populations in the Dixie and the Fishlake National Forests in Utah. The ADC programs...

The court holds that it lacks jurisdiction to review rancher's appeal of a district court decision dismissing their challenge to a tax imposed by an Indian tribe for grazing on their land, the ranchers omitted any reference to the district court order from which they appealed. The court holds that a...