The court dismisses environmental groups' motion to enjoin the sale of a former bus depot in the South Bronx, New York. The sale is part of a plan to develop a former rail yard adjacent to the depot. The plan provides for an intermodal freight terminal, a solid waste transfer station, a paper recycl...
The court holds that the Outer Banks Protection Act's (OBPA's) temporary moratorium on oil exploration did not cause the United States to breach outer continental shelf (OCS) oil and gas leases with two oil companies. The court first holds that the phrase "all other applicable statutes and regulatio...
The court affirms a district court decision enjoining further construction on a Kansas highway project until the Federal Highway Administration (FHwA) completes a National Environmental Policy Act (NEPA) supplemental environmental impact statement (SEIS) for a segment of the project. The court first...
The court holds that the U.S. Forest Service must prepare an environmental impact statement (EIS) for several timber salvage sales on fire-damaged land in the Umatilla National Forest in Oregon. The court first holds that the Forest Service did not take the requisite hard look at the environmental i...
The court holds that a grandparent corporation is derivatively liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for its subsidiary's actions in arranging for the disposal of toxic waste at a solvent reclamation site in Granville, Ohio. Several potential...
The court holds that the U.S. Environmental Protection Agency's (EPA's) listing of the Del Amo site in Los Angeles, California, on the national priorities list (NPL) was invalid. The court first holds that the proposal for listing the site on the NPL failed to comply with the Omnibus Consolidated Re...
The court holds that it has subject matter jurisdiction over property owners' Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claim against private companies for response costs relating to the contamination of their water supply, but the court does not have jurisdictio...
The court holds that two cattle company owners do not have a vested private-property right to graze their cattle in the Apache and Gila National Forests without a U.S. Forest Service permit. The owners argued that because their predecessors-in-title obtained a valid, vested water right under New Mex...
The court affirms a district court grant of summary judgment in favor of a manufacturer alleged to have contributed to a Michigan river's polychlorinated biphenyls (PCB) contamination. An association of potentially responsible parties claimed that PCBs in the manufacturer's drainage ditch leaked int...
The court holds that individual condominium owners may not assert the innocent landowner defense in their Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action against the property's former owners. The individual owners initially purchased the property as a partnershi...