The court holds time barred a trespass action that an estate's representative brought against several companies for nonremoval of chemicals that they allegedly dumped on the decedent's land. The court first holds that the district court did not err in denying plaintiff's motion to remand the case to...

The court holds that under Massachusetts law the insurers of an oil manufacturing company have no duty to defend and indemnify the company under their property damage and personal injury policies against a suit by the company's former landlord to recover damages for oil and hazardous material contam...

The court refuses to issue a writ of mandamus overturning a district court refusal to order the U.S. Environmental Protection Agency (EPA) not to initiate enforcement action against hazardous waste generators for shipping material to petitioner hazardous waste treatment company, which lacks a Resour...

The court holds that environmental groups lack standing to challenge the U.S. Treasury Department's failure to prepare an environmental impact statement for its authorization of an alternative fuel additive tax credit. The groups claimed that the tax credit would encourage production of an ethanol-d...

The court holds that a county's rezoning of a landowner's beachfront property from residential to private airport use and leasing of the property to an airport tenant was not an unconstitutional taking or a violation of the landowner's substantive due process rights. The court first holds that the c...

The court holds that salvage timber sales that had not yet been advertised were "in preparation" under the Supplemental Appropriations for Disaster Assistance and Rescissions Act's (Rescissions Act's) waiver of National Environmental Policy Act (NEPA) requirements. Environmental groups challenged th...

The court holds that timber companies, a trade association, and a county lack constitutional and prudential standing to challenge the U.S. Forest Service's interim guidelines on managing spotted owl habitat in California's western Sierra Nevada national forests. Plaintiffs alleged that the guideline...

The court holds that Ohio statutes and regulations restricting commercial fishing of walleye and yellow perch do not violate the Commerce Clause of the U.S. Constitution. The court first holds that the statutes and regulations are not examples of simple economic protectionism. They do not distinguis...

The court holds that the National Environmental Policy Act (NEPA) does not require the Federal Aviation Administration (FAA) to consider the master plan for an airport's expansion in an environmental assessment (EA) of the upgrade of one runway. The court first holds that the issue is not moot, even...

The court holds that legislation applying the Arizona-Idaho Conservation Act exemption from Endangered Species Act (ESA) and National Environmental Policy Act (NEPA) requirements to the construction of an observatory on a site in endangered red squirrel habitat does not violate the separation of pow...