The court holds that a Native American council and an environmental group lack standing under the Federal Power Act (FPA) and the National Environmental Policy Act (NEPA) to challenge a Federal Energy Regulatory Commission (FERC) order authorizing a Canadian power generator to sell power in the Unit...

The court affirms a district court decision requiring the U.S. Department of the Interior (DOI) to provide water drainage services for agricultural areas receiving water through the Central Valley Project in California. The court first holds that the plain language of the San Luis Act, which authori...

The court holds that an insurer has a duty to indemnify an asbestos tile manufacturer for underlying asbestos-related personal injury claims that were triggered during the one-year commercial general liability policy period. The district court concluded that because none of the personal injury compl...

The court holds that the Eleventh Amendment does not bar the U.S. third-party claim against the state of Alaska for equitable apportionment of damages alleged in a Federal Tort Claims Act action brought by a Native American tribe against the United States for damages caused by leaking fuel. The Unit...

The court holds that the state land department was justified in rejecting conservationists' applications to lease grazing land for nongrazing conservation and recreation purposes. The lands at issue were subject to the Arizona-New Mexico Enabling Act (Enabling Act), which requires the affected land ...

The court grants in part a petition to clarify an April 11, 2000, decision in which it applied Colorado law and reversed a district court holding that the pollution exclusion clause in one of two policies held by a sanitation district precluded an insurer's duty to defend the district against a Clea...

The court holds that a landowner did not have a private right-of-action under the Illinois Environmental Protection Act (IEPA) to bring contribution claims against previous property owners for the cleanup of an underground storage tank. The court first holds that it is clear from the statutory schem...

The court grants a city's petition for review and reverses the Federal Energy Regulatory Commission's (FERC's) order requiring the city to conduct a study of the effects of the Yelm Hydroelectric Project on the anadromous fish in the Nisqually River in Washington. The study would be used to determin...

The court holds that farmer and cattlemen associations lack standing under the Administrative Procedure Act (APA), 5 U.S.C. §551(13), to challenge the U.S. Forest Service's involvement with the Colorado lynx recovery plan, which concerns the introduction of Canadian lynx into the state. The court f...

The court holds that the standard for admissibility of novel scientific evidence set forth in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), and State v. Mack, 292 N.W.2d 764 (Minn. 1980), rather than the standard set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 23 ELR ...