A district court granted in part and denied in part environmental groups' motion to preliminarily enjoin all logging of suitable spotted owl habitat on private lands in owl circles outside of spotted owl special emphasis areas throughout the state of Washington. The court granted the groups' request...
Editors' Summary: Until recently, the regulation of chemical carcinogens and the regulation of radiological carcinogens developed independently. Different governmental agencies operating under different statutory directives were responsible for addressing the dangers from these carcinogens. As a result, different policies and practices were developed. This Article explores these differences and the record on resolving them. It first examines the history of federal regulation of chemical and radiological carcinogens and summarizes EPA's approach to risk assessments for them.
The court holds that a district court erred in ruling that Florida is entitled to Eleventh Amendment immunity in a limitation of liability proceeding, but it correctly dismissed the Oil Pollution Act of 1990 (OPA) and Florida Pollution Discharge Prevention Act claims brought against the owners of th...
The court affirms an Armed Services Board of Contract Appeals decision denying a construction company's application for an equitable adjustment for additional costs incurred hauling waste from its construction activities at a U.S. Navy project at the Lajes Air Base on Terceira Island in the Azores. ...
The court holds that the Price-Anderson Act does not expressly prohibit the Navajo tribal court from determining its jurisdiction over tribal members' personal injury and wrongful death claims arising from uranium mining activities on the Navajo Nation Reservation. The court first holds that defenda...
The court holds that the National Park Service's decision to remove a herd of 12 horses from Santa Cruz Island in the Channel Islands did not violate the National Environmental Policy Act (NEPA). The court first holds that the plaintiff foundation provided no support for its assertion that the horse...
The court holds that a Native American council and an environmental group lack standing under the Federal Power Act (FPA) and the National Environmental Policy Act (NEPA) to challenge a Federal Energy Regulatory Commission (FERC) order authorizing a Canadian power generator to sell power in the Unit...
The court holds that a U.S. Fish and Wildlife Service (FWS) regulation that prohibits private landowners in Tennessee and North Carolina from intentionally taking red wolves found on their property unless the wolf is attacking or has attacked a person, livestock, or pets, is a valid exercise of fede...
The court holds that farmer and cattlemen associations lack standing under the Administrative Procedure Act (APA), 5 U.S.C. §551(13), to challenge the U.S. Forest Service's involvement with the Colorado lynx recovery plan, which concerns the introduction of Canadian lynx into the state. The court f...
The court holds that the Bald and Golden Eagle Protection Act (BGEPA), which only allows members of federally recognized Native American tribes to use protected eagle parts for religious purposes, does not violate the Religious Freedom and Restoration Act (RFRA). The court first recognizes that the ...