The court holds that the U.S. Forest Service violated the National Forest Management Act (NFMA) in its approval of a timber salvage project in the Manti-La Sal Forest in Utah, but that the court did not have jurisdiction to review National Environmental Policy Act (NEPA) claims brought against the F...

The court affirms a district court holding that where compensation was paid long after a taking, an individual was entitled to prejudgment interest, but remands the case for a redetermination of the amount of interest to be awarded. After finding a nuisance on the individual's property due to the pr...

The court holds that an association of churches has standing to bring a Resource Conservation and Recovery Act (RCRA) citizen suit against the owner of a site contaminated with chromium, but that issues of imminent and substantial endangerment prevent granting the association summary judgment on the...

The court holds that under the law of the U.S. Virgin Islands, an insurer must provide coverage to an oil company for injuries company workers suffered in an explosion at the company's St. Croix oil refinery. After settling the claims that the injured employees had filed against it, the oil company ...

The court holds that the U.S. Forest Service's environmental impact statement (EIS) for a post-fire logging project on the Six Rivers National Forest violated the National Environmental Policy Act and the National Forest Management Act (NFMA) and, therefore, enjoins the Forest Service from any furth...

The Court holds that moratoria on development imposed during the process of devising a comprehensive land use plan do not constitute a per se taking of property requiring compensation under the Takings Clause of the U.S. Constitution. Unable to meet deadlines in a compact designed to protect and pre...

The court holds the U.S. Department of Commerce's (DOC's) 1999 prohibition on drift gillnet swordfishing in the Atlantic Swordfish Fishery did not effect a taking of an individual's fishing permit, boat, or drift gillnets. The court first holds that the ban on draft gillnet fishing did not cause a t...

The court holds that the Federal Aviation Administration (FAA) failed to adequately consider the cumulative impacts on the natural quiet of Zion National Park in its environmental assessment (EA) for a nearby airport expansion project. The court first holds that the FAA's EA failed to address the to...

The court holds that an individual's claims of inverse condemnation and negligence arising from leachate and methane gas contamination of the individual's property from a neighboring county-owned landfill are barred by the state's three-year statute of limitations. The court first holds that the rec...

The court reverses and remands the state's final consistency determination under the Alaska Coastal Management Act (ACMA) approving the installation and operation of a new offshore exploratory drilling platform in the Cook Inlet. In finding the project consistent with the Alaska Coastal Management P...