The court upholds a district court decision dismissing as unripe a waste disposal plant's claim that a county's revocation of an unusual use zoning permit constituted a taking without just compensation. The plant filed suit in district court after a circuit court affirmed the county's revocation of ...

The court reverses a trial court decision granting an oil company's summary judgment motion to dismiss cities' claims for the value of municipal services that were diverted to cleanup efforts following the Exxon Valdez oil spill. Assuming that the free public services doctrine applies as a matter of...

The court dismisses as unripe mining associations' claim that the U.S. Forest Service arbitrarily and capriciously designated land straddling the Hoosier Ridge in Colorado as a research natural area (RNA). The court first holds that the mining associations' claim is not fit for judicial review. Alth...

The court holds that a state environmental agency does not have standing to challenge the constitutionality of two state statutes that limited the agency's authority to set ordinary high watermark boundaries for lakes. The court first holds that a state agency generally may not attack a statute's co...

The court holds that the Alaska mining commissioner permissibly nullified the mining rights acquired by a mining claims locator on state-selected federal lands. The court first holds that the commissioner did not err in finding that the locator was not qualified to conduct business in Alaska and, th...

The court holds that the failure of two state air quality commissioners to disclose potential conflicts of interest did not invalidate a commission rule that amended the opacity and sulfur dioxide regulations for coal-fired utility boilers. The court first holds that the district court applied an in...

The court holds that a county water agency that certified that its environmental impact report (EIR) for a proposed water project calling for increased water use from mountain lakes complied with the California Environmental Quality Act (CEQA) and a county irrigation district that exempted its propo...

The court reverses a district court decision and holds that, under Vermont law, an insurance policy's pollution exclusion precludes the insurer's duty to indemnify a clothing manufacturer for liability and defense costs incurred in response to claims arising from contamination at the manufacturer's ...

The court affirms a trial court decision and holds that a company cannot challenge an air pollution authority's regulatory classification before a pollution control hearing board. After the air pollution authority imposed a $182 registration fee on the company, the company appealed to the pollution ...

The court affirms a district court holding that a total pollution exclusion clause does not exempt an insurer from defending a painting company for an individual's personal injuries caused by exposure to toxic chemicals that were used by the painting company in the course of its business. The insura...