The court vacates a district court's allocation of contribution costs a coating company must pay for cleanup costs incurred by another potentially responsible party (PRP) at the Fisher-Calo site in Indiana. Although the coating company sent nine percent and the PRP sent approximately 71 percent of t...
The court holds that a timber company cannot bring a takings claim against the United States for canceling a timber sales contract in the Mount Baker-Snoqualmie National Forest in Washington State, but that the company can bring a breach of contract claim under the Contract Disputes Act (CDA). The U...
The court dismisses a turnpike authority's contribution claims against three chromium ore processors under the Comprehensive Environmental Recovery, Compensation, and Liability Act (CERCLA) and the New Jersey Spill Act for the contamination of several sites along the New Jersey Turnpike. The turnpik...
The court holds that a state law preempted a county ordinance that placed a six-month moratorium on the construction of all sludge storage facilities, and, consequently, a wastewater firm could build a sludge storage facility in the county under an approved state sludge utilization permit. The court...
The court affirms a district court dismissal of an environmental group's claim that the U.S. Forest Service violated regulations governing off-road vehicle (ORV) use in the Siskiyou National Forest in Oregon. The court first holds that the Forest Service's ORV monitoring did not violate 36 C.F.R. §...
The court affirms the U.S. Forest Service's approval of a special use permit that allows landowners with property surrounded by the Gunnison National Forest in Colorado to snowplow two miles of Forest Service road so that they can reach their residence by automobile in winter. The court first holds ...
The court holds that a mine company cannot argue that a partial taking occurred when a county adopted a land use plan that designated a tract of the company's land as a river corridor where no mining could occur. The court first holds that the record is unclear as to what burden of proof the trial c...
The court holds that a state zoning board failed to properly consider the historical significance of an area before granting a granite mining operation a conditional use permit, and, therefore, the permit is vacated. A Native American village challenged the board's grant of the permit. The court fir...
The court holds that a trial court incorrectly concluded that a city ordinance regulating junkyards was a zoning ordinance subject to notice-and-hearing requirements. A junkyard owner who had been cited for several violations of the ordinance claimed that the ordinance was inapplicable because it wa...
The court holds that neither an amended Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) consent decree between a waste handler and the United States nor a previous trust agreement with other CERCLA defendants bound a waste handler to sign a new trust agreement. The dis...