The court affirms the denial of the Quapaw Indian Tribe's motion to dismiss companies' counterclaims against it in a suit alleging that the companies and their predecessors-in-interest caused environmental contamination on tribal lands due to mining activities in the 1900s. Because a tribe waives it...
A court holds that under former California Food and Agricultural Code §12811.5, the state pesticides department may not actively or passively consider data submitted by an original registrant when considering a subsequent application for registration by another applicant who does not have the o...
A court reverses the dismissal of property owners' complaint challenging a city's creation of a fire suppression assessment district. The lower court determined that the owners failed to exhaust their administrative remedies as provided in a local ordinance. The ordinance, however, lacks any procedu...
The court upholds the dismissal of an individual's claims for money paid by his predecessors in the early 1970s for the purchase of tribal land held in trust by the U.S. government that was never conveyed. The individual's action to enforce the sales contract was precluded by a tribal court judgment...
The court holds that the U.S. Army Corps of Engineers (the Corps) did not violate the Privacy Act by disclosing an individual's personal information on its public website. The Corps posted the information to defend itself from media inquiries stemming from a newspaper article that was critical of th...
A court holds that the U.S. Department of Energy (DOE) violated the Energy Policy Act in refusing to require large private and municipal fleets of motor vehicles to use alternative fuel vehicles. The Energy Policy Act, which was designed to reduce air pollution, global warming, and U.S. dependence o...
The court reverses the dismissal of a developer's suit against the U.S. Army Corps of Engineers (the Corps) in which it sought to compel the Corps to take action on its application to construct a span bridge under Nationwide Permit 14. The district court dismissed the claim, holding that its prior o...
A court dismisses property owners' claims that the District of Columbia, through the use of eminent domain, instituted an unconstitutional taking of their property. An ongoing condemnation proceeding before the Washington, D.C., Superior Court provides an adequate opportunity for one of the property...
A court affirms a civil penalty assessed against a land developer for violating the North Carolina Sedimentation Pollution Control Act. The lower court properly rejected the developer's claim that its activities fell under the Act's forestry exemption. The exemption applies to activities specificall...
A court upholds the dismissal of individuals' nuisance and constructive eviction claims against their landlords for allegedly exposing them to mold mycotoxins in their homes. The trial court did not err in granting the landlords' motions in limine to exclude certain testimony, sampling data, and tes...