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National Audubon Soc'y v. Davis

The court holds that California's Proposition 4, which bans the use of certain traps and poisons to capture or kill wildlife in the state, is preempted by the Endangered Species Act (ESA) and the National Wildlife Refuge Systems Improvement Act (NWRSIA). An environmental group brought suit against t...

United States v. Overholt

The court overturns two individuals' conspiracy convictions for mail fraud, but upholds their conspiracy convictions for unlawfully injecting wastewater into disposal wells and attempting to cover up their crimes. The individuals were charged with entering into a conspiracy with five objects: (1) im...

Quinault Indian Nation v. Grays Harbor County

The court reverses a district court decision holding that a Washington county tax imposed against a Native American tribe after it transferred forest land to the United States to hold in trust for the tribe was a permissible taxation of land under the Indian General Allotment Act of 1887. Under Wash...

BP Exploration & Oil Co. v. Maintenance Servs., Inc.

The court affirms a district court judgment finding an Ohio oil tank maintenance company liable for the damages from a fuel leak that occurred after it negligently cut holes in an oil company's storage tank, but the oil company's failure to test the tank prior to filling rendered it contributorily n...

Kottschade v. Rochester, City of

The court affirms a district court dismissal of a developer's taking claim against a city as unripe due to the developer's failure to exhaust his state court remedies. The developer received a permit to build a townhouse project, but the permit was subject to nine conditions. The developer claimed t...

Utility Air Regulatory Group v. EPA

The court denies an electric utility association's petition to review the U.S. Environmental Protection Agency's (EPA's) interpretation of its state and federal operating permit program regulations. According to EPA, the regulations allow permit-issuing authorities to enhance the conditions included...

Racicky v. Farmland Indus., Inc.

The court holds that a jury properly found that a feed company negligently provided feed advice to a Nebraska dairy farmer and that the farmer was entitled to lost market value damages, but that the jury improperly awarded lost profits to the farmer. The jury properly held that an agriculture cooper...

Clausen v. M/V New Carissa

The court upholds a trial court's decision to admit expert testimony on the issue of causation in a case involving the destruction of oyster beds that allegedly resulted from an oil spill off the Oregon coast. The testimony presented by the oyster bed owners' expert was properly admitted under Rule ...

West Virginia Highlands Conservancy, Inc. v. Norton

The court affirms in part and vacates in part a district court's award of attorney fees to environmental groups that sought to rescind new mining permits issued to a company that owned a mine in violation of the Surface Mining Control and Reclamation Act (SMCRA). The U.S. Department of the Interior'...

Laub v. EPA

The court holds that farmers' National Environmental Policy Act (NEPA) action challenging a proposed federal and state plan for managing the California San Francisco Bay/Sacramento-San Joaquin Delta (Bay-Delta) water resources is ripe for judicial review before any site-specific action is taken. The...