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Automated Salvage Transp., Inc. v. Wheelabrator Envtl. Sys., Inc.

The court holds that a settlement agreement between a state solid waste authority and a private waste disposal company does not violate the Sherman Act or the federal Commerce Clause. The agreement requires both the state authority and the company to respect one another's municipal contracts by reje...

Bayou Liberty Ass'n v. Corps of Eng'rs

The court holds that an environmental group is not entitled to a preliminary injunction suspending a proposed retail development's construction permit and ordering the U.S. Army Corps of Engineers to prepare an environmental impact statement (EIS) addressing the development's impact on flooding. The...

Corridor H Alternatives v. Slater

The court holds that the Federal Highway Administration's (FHwA's) approval of a highway project in West Virginia violated the Department of Transportation Act §4(f) historic sites review requirement. The court first holds that the plain language of §4(f)'s regulations, 23 C.F.R. §771.135(b) and ...

Bragg v. Robertson

The court upholds as reasonable and fair a settlement agreement in a citizen suit challenging the federal government's failure to perform Federal Water Pollution Control Act (FWPCA) duties concerning mountaintop mining in West Virginia. The agreement purported to settle environmental groups' claims ...

Colorado Envtl. Coalition v. Dombeck

The court holds that the U.S. Forest Service complied with the National Forest Management Act (NFMA) and the National Environmental Policy Act (NEPA) when it issued a permit to a Colorado ski resort for the expansion of a ski area within the White River National Forest. The court first holds that ne...

Freeman v. Glaxo Wellcome, Inc.

The court holds that a pharmaceutical company that sold unused chemicals to a vitamin manufacturing facility is not a party liable for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first finds that the definition of "disposal" contai...

HRI, Inc. v. EPA

The court holds that the U.S. Environmental Protection Agency's (EPA's) decision to implement the direct federal underground injection control (UIC) program on certain New Mexico lands based on their Native American or disputed jurisdictional status did not violate either the Safe Drinking Water Act...

Hart v. Bayer Corp.

The court holds that a district court lacked subject matter jurisdiction over crop owners' state-law claims against various pesticide corporations and, thus, the corporations improperly removed the claims to federal court. The court first holds that the Federal Insecticide, Fungicide, and Rodenticid...

Friends of the Creek v. Jackson County

The court upholds the decision of a land use board that remanded a county's decision to allow a city-run wastewater treatment plant to operate on land zoned for exclusive farm use (EFU). The county approved the use as one that is permitted outright on land zoned for EFU. The court first holds that c...

Bremerton, City of v. Sesko

The court holds that property owners operated two illegal junkyards in violation of a city's zoning laws and that such operation constituted a nuisance. The city planning commission determined that the properties were nuisances, and the commission's decision to uphold the city's cease and desist ord...