The court affirms a district court decision that a river water users association neither breached a "no protest" clause in a contract with a second river water users association nor breached the implied covenant of good faith and fair dealing when it entered the contract. The contract resolved a dec...

The court vacates and remands a district court decision that enjoined U.S. Forest Service timber harvesting in the National Forests of Texas due to on-the-ground Forest Service violations of the National Forest Management Act (NFMA). Because the NFMA does not provide for judicial review, the Adminis...

The court reverses the state environmental department's disapproval of a groundwater contamination plan submitted by an electrical manufacturer. The state agency required the electrical manufacturer to use state groundwater quality standards (GWQS) and technical rules as minimum remediation standard...

The court affirms in part and reverses in part a lower court's grant of summary judgment and directed verdicts in favor of numerous insurance carriers from which a tire company sought defense and indemnity coverage for environmental cleanup actions brought against it under the Comprehensive Environm...

The court upholds in part and reverses in part a district court dismissal on forum non conveniens grounds of individuals' Alien Tort Claims Act (ATCA) suit alleging that a foreign oil company participated in human rights violations in Nigeria. The court first holds that the district court properly h...

The court holds that a state environmental conservation officer who was sued for allegedly violating the Fourth Amendment after he stopped a hunter at a motor vehicle checkpoint during hunting season to make deer tag and weapon safety checks is entitled to qualified immunity. The court first affirms...

The court holds that the modification of a protected species' habitat may constitute a taking under the New York State Endangered Species Act. Property owners discovered a timber rattlesnake den near their property line and informed the state environmental agency that they intended to build a fence ...

A court holds that under the Pennsylvania Hazardous Sites Clean-Up Act (HSCA), the owner of property once used for a landfill may not recover from previous owners the costs of testing the property for hazardous substances. The court first holds that the previous owners are responsible parties within...

The court reverses a trial court decision ordering the California Coastal Commission to set aside its denial of landowners' request for a coastal development permit to expand horse stables and boarding facilities on their property and to rehear the matter to determine whether the property included p...

The court affirms a district court holding that the U.S. Army Corps of Engineers' supplemental environmental impact statement (SEIS) for a flood control project on the Mississippi River satisfied the National Environmental Policy Act (NEPA). The court first holds that the Corps' SEIS satisfied NEPA'...