The court upholds an injunction requiring an ore processing plant owner to provide the U.S. Forest Service with access to the area surrounding his mill and precluding further operations until the Forest Service approves a new operating plant. The court first holds that the district court did not err...

The court holds that the Secretary of Transportation's failure to issue an environmental impact statement (EIS) in connection with an order awarding takeoff and landing slots to airlines at LaGuardia Airport in New York did not violate the National Environmental Policy Act (NEPA). The Secretary gran...

The court holds that the U.S. Constitution does not mandate retroactive application of a Pennsylvania Supreme Court decision to a waste disposal company owner who was convicted under state law for operating a hazardous waste facility without a permit. The waste facility operator and a co-defendant e...

The court held that homeowners failed to establish a genuine issue of material fact as to necessary elements of their negligence, implied warranty of merchantability, express warranty, and strict liability claims against a carpet manufacturer. The court first holds that the testimony of the homeowne...

The court remands a Federal Energy Regulatory Commission (FERC) decision holding that a natural gas company's legal costs incurred in defending alleged environmental violations could not be included in its rate base used to calculate its permissible charges. The court first holds that FERC has not m...

The court holds that the Court of Federal Claims has jurisdiction over a drilling company's takings and contract claims against the United States arising from the Bureau of Land Management's (BLM's) refusal to issue drilling permits for federal lands covered by the company's mining leases. The court...

The court holds that the federal paramountcy doctrine bars Alaskan native villages' claims of aboriginal title to the outer continental shelf (OCS) of the United States. In response to U.S. Department of Commerce regulations for the management of halibut and sablefish fisheries, several native villa...

The court holds that New York law shall apply to interpret the pollution exclusion and late notice provisions in a lead manufacturer's insurance policies. If, however, New York law differs from that of the state where the waste site is located, then the law of the waste site will apply. The lead man...

The court holds that a chemical manufacturer had no duty to warn the U.S. Air Force or its employees of the potential hazards of chemicals used to clean aircraft engines. The court first holds that the manufacturer properly removed the case to federal court. Personal injury actions that arise from i...

The court affirms a district court decision holding that an insurer has no duty to indemnify a manufacturer for costs incurred in response to claims alleging trichloroethylene (TCE) contamination due to leaking equipment. The court first holds that it was not clearly erroneous for the district court...