The court holds that Washington oil spill prevention laws are not preempted by federal statute, do not violate the Commerce Clause or Foreign Affairs Clause of the U.S. Constitution, and are not improper extraterritorial restrictions. The court first holds that the language, structure, and legislati...

The court holds that the Endangered Species Act's (ESA's) prohibition on the "take" of endangered species is not unconstitutional as applied to purely local activities that affect a fly that exists only in California. The court first holds that the record clearly shows that wildlife in general, and ...

The court holds that the Freedom of Information Act (FOIA) requires the U.S. Forest Service to release to an environmental group management territory maps identifying Mexican spotted owl nest sites. The Forest Service may not withhold the maps under FOIA exemption 2, which permits withholding of inf...

The court rescinds a contract under which a metal refining company sold a contaminated site in Queens, New York, to the U.S. Postal Service. Applying New York law, the court first holds that breach of contract can be grounds for rescission. The company breached its contract with the Postal Service b...

The court holds that an electric utility company lacks standing under the National Environmental Policy Act (NEPA) to challenge a U.S. Forest Service environmental impact statement approving a competing company's construction of a crude oil pipeline. The court first holds that the evidence clearly s...

The court holds that exemption 2 of the Freedom of Information Act (FOIA) does not exempt the U.S. Forest Service from disclosing documents revealing the locations of northern goshawk nest sites. The government has failed to demonstrate how the nest sites related "solely," or even predominantly, "to...

The court holds that exemption 5 of the Freedom of Information Act (FOIA) exempts the U.S. Forest Service from disclosing two documents relating to its investigation of the Southwestern Regional Forester's and Deputy Forester's allegedly illegal and unethical management of the region. The court firs...

The court holds that under the open fields doctrine, state natural resource officials may enter a landowner's property to conduct a warrantless inspection of wetlands on the property without violating the landowner's Fourth Amendment rights. The court finds that the 175-acre property that the landow...

The court denies a private-property owner injunctive relief on its claim that the U.S. Environmental Protection Agency (EPA) and EPA employees violated the Fourth Amendment to the U.S. Constitution when an EPA emergency response team entered onto the property without a warrant and removed water and ...

The court upholds Nevada county ordinances requiring landowners either to subscribe to a particular garbage collection service or to haul their garbage to an approved disposal site every seven days. The ordinances also required all landowners that cannot prove that they properly disposed of their ow...