The court holds that garbage mixed with recyclables is not "property" and, thus, Oregon State county and city trash hauling regulations are not preempted by the Federal Aviation Administration Authorizing Act (FAAAA). The lower court issued a permanent injunction preventing the county and city from ...

The court denies the government's motion for summary judgment in a case brought by an individual alleging that the government effectively took the individual's property without just compensation when it ordered the individual to cease maintenance and operation of a drainage system on his property an...

The court affirms a district court dismissal of a manufacturer's state-law claims against the United States alleging contamination of its property by U.S. Air Force landfills, but reverses the district court's dismissal of the manufacturer's Comprehensive Environmental Response, Compensation, and Li...

The court reverses the Rhode Island Supreme Court's holding that a landowner's takings claim arising from the state coastal protection agency's denial of the landowner's permit to develop coastal wetlands was not ripe, but affirms the court's holding that the landowner failed to establish a deprivat...

The court affirms in part and reverses in part an appellate court decision holding that the Washington Department of Labor and Industries violated a statutory duty to promulgate a rule requiring mandatory blood testing for agricultural pesticide handlers. A group of agricultural pesticide handlers c...

The court affirms in part and remands in part a district court decision in a suit brought under the False Claims Act (FCA) by an individual and joined in by the U.S. government concerning pollution, environmental law violations, and breach of contract claims at a nuclear weapons plant operated for t...

The court holds that the U.S. Forest Service violated the National Forest Management Act (NFMA) in its approval of a timber salvage project in the Manti-La Sal Forest in Utah, but that the court did not have jurisdiction to review National Environmental Policy Act (NEPA) claims brought against the F...

The court affirms a district court holding that where compensation was paid long after a taking, an individual was entitled to prejudgment interest, but remands the case for a redetermination of the amount of interest to be awarded. After finding a nuisance on the individual's property due to the pr...

The court holds that an association of churches has standing to bring a Resource Conservation and Recovery Act (RCRA) citizen suit against the owner of a site contaminated with chromium, but that issues of imminent and substantial endangerment prevent granting the association summary judgment on the...

The court holds that under the law of the U.S. Virgin Islands, an insurer must provide coverage to an oil company for injuries company workers suffered in an explosion at the company's St. Croix oil refinery. After settling the claims that the injured employees had filed against it, the oil company ...