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...

The court holds that a former tire manufacturer is entitled to summary judgement on state law and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims because plaintiff property owners failed to establish a claim under CERCLA or Mississippi trespass and nuisance laws...

The court holds that the Ninth Circuit's exclusive jurisdiction over a challenge to a final decision of the Bonneville Power Administration (BPA) turns on the action challenged and not on the lawsuit's legal theory. In order to encourage prompt action, the Northwest Power Act (NWPA) grants exclusive...

The court holds that the district court abused its discretion by determining that there was no reason to delay entering final judgment under Rule 54(b) of the Federal Rules of Civil Procedure on a power company's third-party claim for contribution against a contractor under the Comprehensive Environ...

The court holds that the Pennsylvania Department of Environmental Resources' denial of a permit for landowners to fill wetlands on their property to construct an auto body shop did not constitute a taking under either the U.S. or the Pennsylvania Constitutions for which the individuals must be compe...