The court holds that a North Carolina county did not violate a company's due process or equal protection rights by not issuing the company a building permit for a proposed asphalt plant, by enacting a one-year moratorium on the building of asphalt plants, and by subsequently enacting a polluting ind...

The court holds that the sudden and accidental exception to the pollution exclusion clause contained in a manufacturing company's comprehensive general liability policies bars coverage for trichloroethylene contamination at its facilities. The company argued that the sudden and accidental exception ...

The court holds that garbage mixed with recyclables is not "property" and, thus, Oregon State county and city trash hauling regulations are not preempted by the Federal Aviation Administration Authorizing Act (FAAAA). The lower court issued a permanent injunction preventing the county and city from ...

The court affirms in part and reverses in part an appellate court decision holding that the Washington Department of Labor and Industries violated a statutory duty to promulgate a rule requiring mandatory blood testing for agricultural pesticide handlers. A group of agricultural pesticide handlers c...

The court holds that the U.S. Forest Service violated the National Forest Management Act (NFMA) in its approval of a timber salvage project in the Manti-La Sal Forest in Utah, but that the court did not have jurisdiction to review National Environmental Policy Act (NEPA) claims brought against the F...

The court holds that the U.S. Forest Service's environmental impact statement (EIS) for a post-fire logging project on the Six Rivers National Forest violated the National Environmental Policy Act and the National Forest Management Act (NFMA) and, therefore, enjoins the Forest Service from any furth...

The Court holds that moratoria on development imposed during the process of devising a comprehensive land use plan do not constitute a per se taking of property requiring compensation under the Takings Clause of the U.S. Constitution. Unable to meet deadlines in a compact designed to protect and pre...

The court holds that the Federal Aviation Administration (FAA) failed to adequately consider the cumulative impacts on the natural quiet of Zion National Park in its environmental assessment (EA) for a nearby airport expansion project. The court first holds that the FAA's EA failed to address the to...

The court reverses and remands the state's final consistency determination under the Alaska Coastal Management Act (ACMA) approving the installation and operation of a new offshore exploratory drilling platform in the Cook Inlet. In finding the project consistent with the Alaska Coastal Management P...

The court reverses a district court decision holding that the designation of the Clearfield County Goss Run Watershed as unsuitable for mining under the Pennsylvania Surface Mining Conservation and Reclamation Act was a taking. Various property owners who had mining interests in the watershed argued...