The court holds that the repeal and replacement of a 1996 statutory amendment to the Federal Aviation Reauthorizaton Act governing the placement of landfills near commercial airports moots and requires vacatur of a potential landfill operator's facial attacks on the constitutionality of the amendmen...

The court holds that an insurer providing a liability policy that covers damage to tangible property on the insureds' premises has no duty to defend the insureds in an easement dispute. The dispute arose after the insureds graded an access road on their property that allegedly interfered with their ...

The court affirms the Court of Federal Claims' dismissal of individuals' claims that the enactment of the Seneca Nation Land Claims Settlement Act (SNLCSA) constituted a taking of property rights that the individuals held on the Allegany Reservation of the Seneca Nation of Indians (SNI). The individ...

The court holds that a natural gas storage facility operator may go forward with its federal preemption action against a state environmental agency in which it seeks a declaratory judgment enjoining the agency from revisiting its issuance of various state permits to the operator. After the operator'...

The court holds that an environmental group had standing under the National Environmental Policy Act (NEPA) to challenge the adequacy of the U.S. Navy's environmental impact statement (EIS) regarding the future use of the Long Beach Naval Station in California, but the group did not establish taxpay...

The court holds that an insurer's duty to indemnify an insured under a standard comprehensive general liability (CGL) insurance policy does not extend to fines imposed on the insured by state administrative agencies for groundwater contamination cleanup and abatement at one of the insured's sites, b...

The court dismisses for lack of jurisdiction a mine operator's appeal of both an administrative law judge's (ALJ's) finding that the operator committed a "significant and substantial" violation of a Federal Coal Mine Health and Safety Act regulation and the Federal Mine Safety and Health Review Comm...

The court holds that a developer's right to procedural due process was violated when a county planning agency failed to provide a hearing to the developer before halting a previously approved land development project, but that a district court correctly granted the county's summary judgment motion a...

The court upholds the decision of the state Fund Insurance Review Board that an underground storage tank (UST) installer is ineligible for reimbursement from the state's Ground Water Oil Clean-Up Fund for its costs of cleaning up gasoline contamination discovered in 1998 from a leaking UST because t...

The court affirms a district court holding that the U.S. Department of the Interior (DOI) breached its fiduciary duties to Individual Indian Money (IIM) trust account beneficiaries and, therefore, must conduct an accurate accounting. The Indian Reorganization Act of 1934 returned to tribal ownership...