The court holds that a company that allegedly sold the United States a lesser grade oil than required under contract specifications and then charged it for the higher grade oil is liable under the Resource Conservation and Recovery Act (RCRA) for violating oil management regulations. The court first...

The Court holds that several bands of Chippewa Native Americans retain the right to hunt, fish, and gather on lands in Wisconsin and Minnesota that were ceded to the United States in an 1837 treaty. Minnesota claimed that an 1850 Executive Order, an 1855 treaty, and the 1858 admission of Minnesota a...

The Court holds that a district court's decision not to admit a tire expert's testimony in a products liability case concerning an allegedly defective tire was within its discretion and lawful. The Court first holds that the standard of evidentiary reliability established in Daubert v. Merrell Dow P...

Applying Delaware law, the court holds that a settlement agreement resolving product liability claims between nursery workers and a chemical company does not bar the workers' subsequent claim that the company fraudulently induced settlement. The original claims arose over the workers' use of the com...

The court holds that the slow-no wake motorboat speed limit regulations applicable to the St. Croix River in Minnesota and Wisconsin are not unconstitutionally vague. The regulations require motorboat operators to travel at a speed no faster than necessary to maintain steerage and in such a way as t...

The court affirms a district court decision ordering the perpetuation of a landfill employee's testimony before the commencement of a U.S. Environmental Protection Agency Comprehensive Environmental Response, Compensation, and Liability Act action under Fed. R. Civ. P. 27(a). A potentially responsib...

Applying California law, the court holds that trespass and nuisance claims for land and groundwater contamination fall within the pollution exclusion clause of a company's insurance policy. After the company was sued by a city for contaminating the city's land and surrounding waters, the company fil...

The court holds moot property owners appeal of a district court's denial of their motion for a preliminary injunction to enjoin federal funding and construction of a proposed business park. The property owners claim that the business park poses an imminent threat to the environment, and that the par...

The court dismisses environmental groups' petition to review the Federal Energy Regulatory Commission's (FERC's) refusal to initiate an Endangered Species Act (ESA) §7(a)(2) consultation regarding its ongoing regulatory authority over a power company's Hells Canyon complex in Idaho. The court first...

The court holds that a group of rock climbers lack standing to challenge as a violation of the Establishment Clause the National Park Service's voluntary closure of Devils Tower National Monument in its final climbing management plan (FCMP). The FCMP asks rock climbers to voluntarily refrain from cl...