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Aguinda v. Texaco, Inc.

The court affirms the dismissal of two class actions brought by residents of Peru and Ecuador against a U.S. oil company for environmental and personal injuries arising out of the company's oil exploration and extraction operations between 1964 and 1992. The residents sought money damages under theo...

Conservation Force, Inc. v. Manning

The court holds that Arizona's cap on nonresident hunting of antlered deer and bull elk substantially affects and discriminates against interstate commerce and remands the case for further proceedings to determine whether Arizona has met its burden of showing that it has no other means to advance it...

Georgia v. Corps of Eng'rs

The court reverses a district court judgment denying Florida's and a hydropower company's motions to intervene as defendants in Georgia's lawsuit against the U.S. Army Corps of Engineers (the Corps) to compel the Corps to increase the water supply available to Atlanta. The court first holds that Flo...

Rancho Lobo, Ltd. v. Devargas

The court reverses a district court decision that the New Mexico Forest Conservation Act (FCA) preempted a county timber harvest ordinance and that the ordinance's environmental assessment provision included an invalid delegation of unlimited power to the county and zoning commission. The court firs...

United States v. Carpenter

The court reverses a district court's denial on timeliness grounds of environmental groups' motion to intervene in a suit between the United States and a county regarding the status of a U.S. Forest Service (Forest Service) road. In 1999, the Forest Service sued a citizen group to prevent it from re...

Blue Ribbon Properties, Inc. v. Hardin County Fiscal Court

The court affirms a district court decision that a county's denial of a company's permit application to operate a landfill on its property was not a taking under state law and did not violate the U.S. Commerce Clause or the Sherman Antitrust Act. The court first holds that the company did not meet t...

Covanta Onondaga Ltd. v. Onondaga County Resource Recovery Agency

The court abstains from hearing a breach of contract claim between a bankrupt company and a county resource recovery agency. The company and the agency entered into a solid waste disposal agreement, which included a bond requirement that if the bond fell below investment rating, the company had 30 d...

El Paso Refinery, Ltd. Partnership v. TRMI Holdings, Inc.

The court affirms a district court decision allocating liability among past and present owners for contamination at an oil refinery site. The refinery was built in 1929 by a gasoline company. In 1984 it was spun off to a wholly owned subsidiary of the company that agreed to assume all responsibility...

Southern Utah Wilderness Alliance v. Norton

The court reverses and remands a district court decision holding that it lacked subject matter jurisdiction to review an environmental group's claims that the Bureau of Land Management (BLM) violated the Federal Land Policy and Management Act (FLPMA) and the National Environmental Policy Act (NEPA) ...