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Forest Conservation Council v. U.S. Forest Serv.

The court holds that Arizona and an Arizona county may intervene as of right in the injunctive relief portion of an action alleging that the U.S. Forest Service (Forest Service) violated the National Environmental Policy Act (NEPA) and the National Forest Management Act (NFMA) in managing northern g...

Harvey & Harvey, Inc. v. Chester, County of

The court reverses and remands district court judgments that applied the incorrect legal standard concerning challenges under the dormant Commerce Clause to two Pennsylvania counties' solid waste flow-control plans, which generally require waste haulers to dispose of solid waste generated within the...

Citizens Elec. Corp. v. Bituminous Fire & Marine Ins. Co.

Applying Illinois law, the court holds that insurers of a dissolved corporation that was party to a consent judgment as a defendant in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action must respond to plaintiffs' garnishment requests, even though t...

Boughton v. Cotter Corp.

The court holds that plaintiffs in a toxic tort case were not entitled at trial to be certified as a class for medical monitoring, to depose an attorney for the defendant uranium mill, or to present evidence of their fear of contracting disease, and that the trial court properly refused to pierce th...

HM Holdings, Inc. v. Rankin

The court holds that the presence of hazardous waste on industrial property that a company sold to an individual does not breach any express or implied warranties. The court first finds that the purchase and sale agreement contains no express warranties as to the condition of the property, and a rid...

Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders

The court holds that New Jersey solid waste flow-control regulations probably violate the Commerce Clause of the U.S. Constitution, but grants only a conditional preliminary injunction to prevent enforcement of the regulations for construction and demolition debris. The court first addresses the cla...

Friends of the Wild Swan v. U.S. Fish & Wildlife Serv.

The court holds that landowners, timber companies, and a sport fisherman guide may not intervene in an environmental group's action to compel the U.S. Fish and Wildlife Service (FWS) to list the bull trout as an endangered species. The court holds that the proposed intervenors cannot satisfy all the...

Ausable Manistee Action Council, Inc. v. Stump

The court holds that the U.S. Army, the Michigan Department of Military Affairs, and the National Guard Bureau (agencies), did not violate the National Environmental Policy Act (NEPA) in deciding to construct a tank firing range at a National Guard training facility, and not to issue a supplemental ...

General Atomics v. NRC

The court holds that a district court lacked jurisdiction over a parent corporation's challenge to a pending U.S. Nuclear Regualatory Commission (NRC) hearing to determine whether the company was liable for cleanup costs at the facility of its subsidiary, which is an NRC licensee. The NRC attempted ...

Employers Ins. of Wausau v. United States

The court holds that the discretionary function exception to the Federal Tort Claims Act (FTCA) bars an insurer's claim that U.S. Environmental Protection Agency (EPA) officials acted tortiously in ordering the insurer to clean up a site under the Comprehensive Environmental Response, Compensation, ...