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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...

Carter-Jones Lumber Co. v. Dixie Distrib. Co.

The court holds a company and its president liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for arranging for the disposal of hazardous waste. Through several transactions, the company and its president sold transformers containing polychlorinated biph...

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...

Canadyne-Georgia Corp. v. NationsBank, N.A.

The court reverses a district court order that dismissed a property owner's Comprehensive Environmental Response. Compensation, and Liability Act (CERCLA) and Georgia Hazardous Site Response Act contribution claims against a bank for failure to state a claim. The bank served as a trustee of a trust ...

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...