A district court dismissed claims that the workplace safety exposure levels—or threshold limit values—for silica, copper, n-propyl bromide, and diesel particulate matter are adopted by the American Conference of Governmental Industrial Hygienists (ACGIH) and enforced by the U.S. Department of La...

The D.C. Circuit vacated a lower court judgment enjoining the U.S. Department of the Interior (DOI) from authorizing the Wisconsin Department of Natural Resources to lethally take gray wolves for depredation control. Since the lower court issued its decision, the DOI removed the gray wolf population...

The California Supreme Court reversed a lower court decision finding that the programmatic environmental impact statement (EIS) and environmental impact report (EIR) for the CALFED Program—a long-term comprehensive plan designed by a consortium of 18 state and federal agencies (CALFED) to restore ...

A district court granted a motion in limine to exclude a real estate expert's testimony on the value of certain property alleged to have been contaminated with methyl tertiary butyl ether (MTBE), a gasoline additive. The expert was going to testify that the value of plaintiffs' property in the affec...

A Texas appellate court upheld a state railroad commission order requiring a company to obtain a permit to receive and store oilfield waste consisting primarily of oil-based drill cuttings—bits of rock and soil that are byproducts of the drilling process—that it would then recycle into road base...

The court upholds the Secretary of Energy's interpretation of the term "provide for" within a provision of the Low-Level Radioactive Waste Policy Amendments Act that entitles states and regional radioactive-waste disposal compacts to a rebate of their waste disposal surcharges. Plaintiff regional co...

The Court holds that abuse of discretion is the proper standard by which to review a district court's decision to admit or exclude scientific evidence. The Court first holds that the court of appeals applied an overly stringent review of the exclusion of the plaintiff's experts' testimony, thereby f...

The court holds in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113 contribution action that plaintiff, the successor-owner/operator of a battery breaking facility, is liable for 75 percent of the cleanup costs and that defendant-battery suppliers are liable for...

The court holds that a county's action to quiet title to real property used by the United States as a wildlife management area on Matagorda Island in Texas is time barred. The federal government condemned a portion of Matagorda Island for use as a bombing and gunnery range, and in 1982 the U.S. Fish...

The court holds that the Federal Highway Administration and the West Virginia Department of Transportation's decision to support the building of a new, four-lane highway as part of the Appalachian Highway Development System complied with the National Environmental Policy Act and §4(f) of the Depart...