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National Ass'n of Home Builders v. Babbitt

The court holds that Endangered Species Act (ESA) §9(a)(1)'s application to a fly that exists only in California is within Congress' Commerce Clause power. The court first holds that the application of ESA §9 to the fly can be viewed as a proper exercise of Congress' Commerce Clause power over act...

Foundation for Horses & Other Animals v. Babbitt

The court holds that the National Park Service's (NPS') decision not to prepare an environmental impact statement (EIS) for the removal of 12 horses from Santa Cruz Island in the Channel Islands was not arbitrary and capricious. The NPS planned to remove the horses and other animals in order to allo...

American Rivers v. Federal Energy Regulatory Comm'n

The court dismisses environmental groups' petition to review the Federal Energy Regulatory Commission's (FERC's) refusal to initiate an Endangered Species Act (ESA) §7(a)(2) consultation regarding its ongoing regulatory authority over a power company's Hells Canyon complex in Idaho. The court first...

El Paso Natural Gas Co. v. Neztsosie

The Court holds that the tribal exhaustion doctrine does not require a district court to abstain from deciding whether Native Americans' tort claims arising from uranium mining on their reservation constitute public liability actions under the Price-Anderson Act. The defendant companies filed suit i...

Nebraska v. Central Interstate Low-Level Radioactive Waste Compact Comm'n

The court holds that the commission regulating an interstate radioactive waste compact can impose on the state hosting the compact's radioactive waste facility a reasonable deadline for licensing the facility. The court first holds that the compact clearly authorizes the commission to set a reasonab...

Acuna v. Brown & Root Inc.

The court holds that the Price-Anderson Act conferred federal jurisdiction on a district court in a removal action where individuals alleged tortious injury arising from uranium mining. In two separate class action suits, over 1,000 individuals alleged personal injury and property damage arising fro...

Nebraska v. Central Interstate Low-Level Radioactive Waste Comm'n

The court holds that Nebraska, a host state for a regional disposal facility, does not have a unilateral right under the Central Interstate Low-Level Radioactive Waste Compact to veto low-level radioactive waste export permits issued by the Central Interstate Low-Level Radioactive Waste Commission. ...

Loggerhead Turtle v. County Council of Volusia County, Fla.

The court grants summary judgment to the U.S. Department of the Interior in a citizen suit action brought against it under the Endangered Species Act (ESA) and the Administrative Procedure Act challenging the U.S. Fish and Wildlife Service's (FWS') approval of a habitat conservation plan (HCP) and a...

Earth Island Inst. v. Christopher

The court holds unconstitutional the requirement in §609(a) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Appropriations Act of 1990 that the executive branch initiate discussions with foreign nations to develop treaties to protect sea turtles, and holds that the Co...

Midwater Trawlers Coop. v. Department of Commerce

The court affirms in part and reverses in part a district court decision upholding National Marine Fisheries Service (NMFS) regulations providing a Native American tribe an allocation of the Pacific whiting fishery. In the 1850s, Washington State entered into several treaties known as the Stevens Tr...