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United States v. 144,774 Pounds of Blue King Crab

The court held that an importer of King crab may not assert the "innocent owner defense" in forfeiture proceedings. Under the Civil Asset Forfeiture Reform Act, 18 U.S.C. §983, the innocent owner defense cannot be asserted when the property to be forfeited is "contraband or other property that ...

R.R. St. & Co. v. Pilgrim Enters., Inc.

The court held that an equipment and chemical supplier who gave advice to a dry cleaning service regarding waste disposal is not subject to "arranger liability" under the Texas Solid Waste Disposal Act (SWDA). In addition to the "totality of the circumstances," the court focused on the degree of con...

Spoklie v. Montana

The court affirmed the dismissal of individuals' challenge to a Montana ballot initiative that regulates the licensing of alternative livestock ranches. The court is precluded from redeciding the individuals' takings claims because a final judgment was previously entered against them in a parallel s...

Showmaker v. Advanta USA, Inc.

The court upheld the dismissal of a farmer's claims that a seed company's soybean purchase agreements violated the Plant Variety Protection Act's (PVPA) misbranding provision. The farmer wanted to use the seed purchased by the company for future crops. The company then told them that any attempt to ...

Communications Relay Corp. v. Los Angeles, County of

The court upheld a trial court decision denying property owners' petition for a writ of mandate ordering a county to issue permits to construct water wells on their property. The county refused to issue the permits because the owners failed to identify any person holding a "C-57" license pursuant to...

Forest Guardians v. Federal Emergency Management Agency

The court dismissed an environmental group's action to compel the Federal Emergency Management Agency to produce electronic mapping files that identify the location of structures insured under its national flood insurance program. The group sought the information in conjunction with its study of end...

People v. Patterson

The court held that the Treaty of Canandaigua of 1794 does not vest members of the Tuscarora Indian Nation with off-reservation fishing rights on former Seneca lands. The case arose after a member of the Tuscarora Indian Nation was charged with violating a fishing regulation. He argued that the regu...

Mejia v. Los Angeles, City of

The court held that a city's approval of a residential development project and its adoption of a mitigated negative declaration under the California Environmental Quality Act was improper. The project may have significant, unmitigated environmental impacts on animal wildlife and traffic. An environm...

Judicial Watch v. Department of Energy

The court held that federal agencies may withhold from disclosure documents bearing upon the deliberative processes of the National Energy Policy Development Group (NEPDG) pursuant to the Freedom of Information Act (FOIA) Exemption 5. Although the NEPDG is not itself an "agency" subject to FOIA, FOI...

Protect Our Water v. Merced, County of

The court vacated a lower court order denying environmental groups' motion for attorneys fees in an underlying case challenging a surface mining operation permit. In that case, the groups sought, and eventually obtained, a writ of mandamus setting aside the permit. Pursuant to California Code of Civ...