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Michigan Gambling Opposition v. Kempthorne

The D.C. Circuit held that the U.S. Department of the Interior's (DOI's) approval of a proposed casino on Native American lands did not violate the National Environmental Policy Act (NEPA). An internal DOI document states that proposals for "large" and/or "potentially controversial" gaming establish...

United States v. Manning

The Ninth Circuit held that federal law preempts Washington State's Cleanup Priority Act, a statute enacted through the passage of a voter initiative. The Act was intended to "prevent the addition of new radioactive and hazardous waste" at the Hanford Nuclear Reservation site until cleanup of existi...

Winthrop, Town of v. Federal Aviation Admin.

The First Circuit denied a petition for review of a Federal Aviation Administration (FAA) order permitting the construction of a new taxiway at Boston's Logan International Airport. The new taxiway is intended to ease congestion at the airport, thereby reducing the amount of time planes spend idling...

National Wildlife Fed'n v. Schaefer

A district court issued a preliminary injunction limiting the amount of cattle grazing allowed on conservation reserve program (CRP) lands. In May, the U.S. Department of Agriculture (USDA) began a critical feed use haying and grazing program on CRP lands to deal with rising feed prices. But in so d...

Fener v. Hunt

The court holds that a U.S. Forest Service timber sale on the George Washington National Forest in Virginia was not arbitrary and capricious and did not violate the National Forest Management Act (NFMA) or the National Environmental Policy Act (NEPA) as alleged by a neighboring landowner. The court ...

Industrial Truck Ass'n v. Henry

The court holds that, as applied to industrial truck manufacturers and distributors, the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration's (OSHA's) hazard communication standard (HCS) preempt enforcement of the occupational warning requirements unde...

Knaust v. Kingston, City of

The court holds that claims, asserting violations of various environmental statutes, the common-law nuisance doctrine, and the Fifth Amendment's takings clause, based on landowners' allegations that a proposed business park's stormwater management system will not prevent petroleum-based pollutants f...

Kuiper v. American Cyanamid Co.

The court holds that a Wisconsin farming family's state-law claims against a pesticide manufacturer are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The family filed negligence and fraudulent representation claims based on the manufacturer's alleged off-label stateme...

National Audubon Soc'y v. Hoffman

The court holds that a U.S. Forest Service proposal for a logging project and road extension in the Green Mountain National Forest in Vermont violated the National Environmental Policy Act (NEPA), but not the National Forest Management Act (NFMA). The court first holds that neither the district cour...

In re the Complaint of Metlife Capital Corp.

The court holds that oil pollution claims arising under the Oil Pollution Act of 1990 (OPA) are not subject to the Limitation of Shipowner's Liability Act of 1851 or to the concursus of claims under Rule F of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Ci...