The court holds that a sanitation company that successfully challenged a city's waste hauler ordinance under the dormant Commerce Clause should be awarded $29,720.20 in attorney fees and expenses. The company sought $42,285.75 in attorney fees and $2,091.41 in expenses. Although the company argued t...

The court upholds a jury verdict awarding punitive damages to three individuals who suffered injuries after the employee of a pest control company sprayed toxic pesticides in the individuals' workplace while they were working. Under New Mexico law, punitive damages may be imposed on an employer for ...

The court reverses a district court dismissal of a property owner's takings claim against a county as unripe. The owner alleged that the county impermissibly listed her driveway as a county road and would not delist it because a neighbor used it to access a road and get mail. The district court held...

The court affirms a district court decision that a river water users association neither breached a "no protest" clause in a contract with a second river water users association nor breached the implied covenant of good faith and fair dealing when it entered the contract. The contract resolved a dec...

The court vacates and remands a district court decision that enjoined U.S. Forest Service timber harvesting in the National Forests of Texas due to on-the-ground Forest Service violations of the National Forest Management Act (NFMA). Because the NFMA does not provide for judicial review, the Adminis...

The court reverses the state environmental department's disapproval of a groundwater contamination plan submitted by an electrical manufacturer. The state agency required the electrical manufacturer to use state groundwater quality standards (GWQS) and technical rules as minimum remediation standard...

The court affirms in part and reverses in part a lower court's grant of summary judgment and directed verdicts in favor of numerous insurance carriers from which a tire company sought defense and indemnity coverage for environmental cleanup actions brought against it under the Comprehensive Environm...

The court upholds in part and reverses in part a district court dismissal on forum non conveniens grounds of individuals' Alien Tort Claims Act (ATCA) suit alleging that a foreign oil company participated in human rights violations in Nigeria. The court first holds that the district court properly h...

The court holds that a state environmental conservation officer who was sued for allegedly violating the Fourth Amendment after he stopped a hunter at a motor vehicle checkpoint during hunting season to make deer tag and weapon safety checks is entitled to qualified immunity. The court first affirms...

The court holds that the modification of a protected species' habitat may constitute a taking under the New York State Endangered Species Act. Property owners discovered a timber rattlesnake den near their property line and informed the state environmental agency that they intended to build a fence ...