The court dismisses claims by owners of property adjacent to a natural gas pipeline that the Federal Energy Regulatory Commission (FERC) violated the National Environmental Policy Act (NEPA), the Natural Gas Act (NGA), and the Due Process Clause of the U.S. Constitution when it issued a certificate ...

The court holds that the Federal Power Act (FPA) preempts state regulation of a federally licensed hydroelectric power project in a national forest in California. The court first holds that the action is ripe for review even though plaintiff dam operator has not completed the state permitting proces...

The court holds that the seller of real property, whom the buyer alleges sold the property with soil contamination, is not entitled to indemnification or contribution from the buyer's environmental consultant, who reported before the sale in a subsurface soil and groundwater contaminants investigati...

The court upholds the denial of an Equal Access to Justice Act (EAJA) award of attorney fees to a party prevailing on at least one significant issue in its unsuccessful attempt to block issuance of a permit to the city of Virginia Beach for the construction of a potable-water pipeline because the go...

The court affirms a district court decision that Montana's two-year statute of limitations for property damage claims bars claims by a Superfund site owner against manufacturers of chemicals discarded by the owner on the site. The court holds that the discovery rule, which tolls the statute of limit...

The court holds that the U.S. Forest Service did not arbitrarily or capriciously conclude that no significant environmental impact would result from the Calispell Timber Sale in Washington State, offered pursuant to the Colville National Forest Land and Resource Management Plan, and, therefore, no e...

The court holds that property owners located near a rail yard contaminated by polychlorinated biphenyls (PCBs) are not entitled to damages for temporary and remediable harm to their property which the Environmental Protection Agency (EPA) has agreed to remediate without any cost to the property owne...

The court holds that the district court properly ruled that a public interest group is not a prevailing party under the Equal Access to Justice Act (EAJA), because the group conceded that its prelitigation efforts, rather than the filing of its lawsuit, caused the U.S. Forest Service to withdraw a c...

The court holds that timber companies and an industry trade association lack standing to bring claims under the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the National Forest Management Act (NFMA) challenging actions by the U.S. Forest Service to protect the red-...

The court holds that a county legislature has no independent standing to intervene in an action involving alleged Federal Water Pollution Control Act (FWPCA) violations at the county's landfill. The legislature moved to intervene as a necessary party under Federal Rules of Civil Procedure 24(a)(2) a...