The court holds that a district court erred in failing to abstain under Younger v. Harris, 401 U.S. 37 (1971), in a case challenging the constitutionality of an Oregon county's solid waste ordinance. A company charged with violating the ordinance sought declaratory and injunctive relief against enfo...

The court holds that an environmental group's Department of Transportation Act §4(f) challenge to a proposed five-mile highway corridor in Minneapolis, Minnesota, is time barred. Although a statement made in the district court's opinion is a "new circumstance," it does not have anything to do with ...

The court holds that the Hazardous Materials Transportation Act (HMTA) preempts a New York regulation that prohibits the repackaging of hazardous wastes. The court first holds that the U.S. Department of Transportation (DOT) has primary jurisdiction over the regulation and transportation of hazardou...

The court holds that the U.S. Department of the Navy's decision to transfer a large fleet of aircraft to a Virginia naval air station located near environmental group members' homes did not violate the National Environmental Policy Act. The court first holds that the Navy's consideration of the Virg...

The court vacates a bankruptcy court's order disallowing a current property owner's claim for contribution against a bankrupt prior owner of contaminated property. During pendency of an appeal concerning whether the current owner's claim should be disallowed because of co-liability to the U.S. Envir...

The court holds that an individual failed to exhaust his administrative remedies before suing the U.S. Forest Service for violating the National Environmental Policy Act (NEPA) and the National Forest Management Act (NFMA) in connection with two timber cutting projects in the Allegheny National Fore...

The court holds that $200,000 awarded to a former owner whose property was damaged by an underground storage tank (UST) operator's negligence is not duplicative of the former owner's award for past and future response costs under the Comprehensive Environmental Response, Compensation, and Liability ...

The court affirms a district court's decision denying an environmental group's request to preliminarily enjoin a power company from discharging heated wastewater into a lake at temperatures above those allowed under its national pollutant discharge elimination system permit. The court holds that the...

The court reverses a district court's denial of environmental groups' motion for a preliminary injunction to limit grazing in certain allotments of the Owyhee Resource Area in Idaho. The district court held that the groups failed to show a likelihood of success on the merits of their claim that the ...

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a farmer's state-law claims against a herbicide manufacturer. The farmer sought damages based on the herbicide's failure to perform as advertised, his detrimental reliance on the herbicide's label, and the ...