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United States v. Alpine Land & Reservoir Co.

The court reverses a district court's blanket equitable exemption of intra-farm transfers from Nevada's law of forfeiture and abandonment and holds that equity may be appropriate only in the forfeiture context under certain circumstances. In a prolonged litigation regarding water rights from the Tru...

Deltic Farm & Timber Co. v. Great Lakes Chem. Corp.

The court holds that Arkansas law does not allow the tolling of the statute of limitations where there is no evidence of fraudulent concealment in a timber company's wrongfully removed minerals action against a chemical corporation. The court first notes that the Arkansas Supreme Court had the chanc...

Chemical Weapons Working Group, Inc. v. Department of the Army

The court holds that groups who challenged a state's decision to add a company to the U.S. Department of the Army's license to operate a chemical demilitarization facility are estopped from challenging that company's licensure in federal court. The court first holds that the issues presented in the ...

Dilmar Oil Co. v. Federated Mut. Ins. Co.

The court rejects a petroleum company's breach of contract and liability claims against its insurer. The insurance policy required the company to secure money from a state-administered fund to finance the cleanup of contamination from leaking underground storage tanks. However, in 1990, the state pa...

Citizen Advocacy Ctr. v. DuPage Airport Auth.

The court dismisses an organization's challenge to a county airport's runway extension for lack of subject matter jurisdiction. The court first holds that the county had no duty to hold a public hearing under 49 U.S.C. §47106(c)(1)(A), which requires the Secretary of Transportation to hold a public...

Davis Oil Co. v. TS, Inc.

The court holds that under Louisiana law, the successor to a former oil company is directly liable for the cleanup costs of an abandoned oil lease site. When the original lessee conveyed to the company an oil and gas lease, the company consented to the inclusion of a covenant to clean up the leased ...

Auburn, City of v. United States

The court holds that the Interstate Commerce Commission Termination Act (ICCTA) preempts state and local environmental review of a rail carrier's reacquisition and reopening of the Stampede Pass railroad line in Washington State. The court first holds that the plain language of two sections of the I...

Foundation for Horses & Other Animals v. Babbitt

The court holds that the National Park Service's decision to remove a herd of 12 horses from Santa Cruz Island in the Channel Islands did not violate the National Environmental Policy Act (NEPA). The court first holds that the plaintiff foundation provided no support for its assertion that the horse...

Hughes River Watershed Conservancy v. Johnson

The court holds that the U.S. Army Corps of Engineers' and the Natural Resources Conservation Service's decision to construct a dam on the Hughes River in West Virginia complied with the National Environmental Policy Act (NEPA). In a prior decision, the court directed the agencies to take a hard loo...