The court holds that a newspaper cannot intervene in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) litigation to vacate a consent order mandating that settlement negotiations between CERCLA parties remain confidential. The court first holds that the presumption of pu...

The court dismisses environmental groups' motion to enjoin the sale of a former bus depot in the South Bronx, New York. The sale is part of a plan to develop a former rail yard adjacent to the depot. The plan provides for an intermodal freight terminal, a solid waste transfer station, a paper recycl...

The court holds that the Outer Banks Protection Act's (OBPA's) temporary moratorium on oil exploration did not cause the United States to breach outer continental shelf (OCS) oil and gas leases with two oil companies. The court first holds that the phrase "all other applicable statutes and regulatio...

The court affirms a district court decision enjoining further construction on a Kansas highway project until the Federal Highway Administration (FHwA) completes a National Environmental Policy Act (NEPA) supplemental environmental impact statement (SEIS) for a segment of the project. The court first...

The court holds that the ability to use a river in a recreational manner should be considered in determining whether the river is navigable-in-fact in a trespass case against kayakers and canoers on the South Branch of the Moose River in New York. The kayakers and canoers, who allegedly trespassed o...

The court holds that a property owner cannot maintain an action for forcible ejectment against a company that was ordered to acquire the property owner's land as part of a Comprehensive Environmental Response, Compensation, and Liability Act remedial plan. The company, which obtained all of the land...

The court holds that the U.S. Forest Service must prepare an environmental impact statement (EIS) for several timber salvage sales on fire-damaged land in the Umatilla National Forest in Oregon. The court first holds that the Forest Service did not take the requisite hard look at the environmental i...

The court holds that a state environmental agency did not have a duty to ascertain the accuracy of the location of wetlands on developers' property. The court first holds that the duty to depict accurately the location of wetlands was properly the duty of the developers and their representatives. It...

The court affirms a district court's grant of summary judgment on several state-law tort claims in favor of pesticide companies whose products allegedly caused a newborn's multiple birth defects. The district court granted summary judgment because the evidence showed that the product at issue had no...

The court denies a potentially responsible party's (PRP's) motion to bifurcate the trial of a property owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution claims against the PRP for cleanup costs. The PRP sought to bifurcate the trial into two phases, ...