The court holds that the U.S. Fish and Wildlife Service's (FWS') final supplemental environmental impact statement (FSEIS) for its program to control the population of sea lampreys in Lake Champlain and its tributaries was adequate. In addition to employing physical barriers and trapping to reduce a...

The court upholds the dismissal of a subcontractor's Contract Disputes Act and Tucker Act claims against the U.S. Department of Energy (DOE) that arose in connection with the cleanup of a nuclear waste site at the Idaho National Engineering and Environmental Laboratories complex near Idaho Falls, Id...

The court affirms a district court dismissal of a property rights group's complaint challenging six national monument designations by President William J. Clinton under the Antiquities Act. The group claimed that President Clinton acted unconstitutionally and ultra vires under the Property Clause of...

The court affirms a district court decision that a company is collaterally estopped from seeking indemnity from its insurer in a hazardous waste contamination case due to a prior state court ruling. The company was sued for trespass and negligence by its neighbor in state court when an underground s...

The court affirms the U.S. Department of Agriculture's Farm Service Agency's (FSA's) decision to deny a New Mexico farm's application for enrollment in the conservation reserve program (CRP). The farm was purchased by a husband and wife who formed a joint venture to run the farm and whose sons opera...

The court affirms a district court dismissal of a county's complaint alleging that the designation of the Sequoia National Monument by President William J. Clinton violated the Antiquities Act, the U.S. Constitution, and several other laws. The court first holds that contrary to the county's argumen...

A court granted the government's transfer of venue motion in a case brought by aviation groups challenging the government's decision designating a Marine Corps air station in California for a park with mixed use development. The groups brought the case challenging the government's compliance with th...

The court certifies to the Alaska Supreme Court the question of whether a manufacturer who sells a useful product that uses hazardous substances may be liable as an arranger of hazardous substance disposal under Alaska Statute §46.03.822(a)(4) if the product, when used as designed and installed...

The court holds that a manufacturer that lost its original insurance policies from 1963 to 1965 provided sufficient secondary evidence to prove that the terms of the policies required the insurer to defend and indemnify the manufacturer against bodily injury and property damage claims. The manufactu...

The court holds that it did not need to abstain from hearing an environmental group's motion seeking declaratory and injunctive relief against a landfill operator that violated its state permit and subjected itself to classification as a municipal solid waste landfill under the Resource Conservation...