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Sandia, Pueblo of v. Babbitt

The court holds that it lacks jurisdiction to hear intervening homeowners' appeal of a suit concerning a boundary dispute between Native Americans and the U.S. Department of the Interior (DOI) in Albuquerque, New Mexico. The Native Americans sued DOI claiming that an 1859 government survey erroneous...

State Auto Ins. Cos. v. Summy

The court vacates a district court declaratory judgment stating that a pollution exclusion clause in a landlord's insurance policy precluded coverage against a tenant's lead poisoning claim. The district court issued the judgment during the pendency of a state court action addressing the same issue....

Tosco Corp. v. Communities for a Better Env't

The court holds that, applying the "place of operations" test, a district court lacks federal diversity jurisdiction under 28 U.S.C. §1332 to hear a manufacturer's slander, libel, malicious prosecution, and equitable relief claims against an environmental group arising from the group's Clean Air Ac...

Humane Soc'y Int'l v. Clinton

The court upholds a Court of International Trade (CIT) decision denying an animal rights group's request to issue a writ of mandamus directing the U.S. president to impose import restrictions on Italy for violating the Driftnet Fishing Act, and denying their request for an order requiring the Secret...

Khodara Envtl., Inc. v. Beckman

The court holds that the repeal and replacement of a 1996 statutory amendment to the Federal Aviation Reauthorizaton Act governing the placement of landfills near commercial airports moots and requires vacatur of a potential landfill operator's facial attacks on the constitutionality of the amendmen...

Banner v. United States

The court affirms the Court of Federal Claims' dismissal of individuals' claims that the enactment of the Seneca Nation Land Claims Settlement Act (SNLCSA) constituted a taking of property rights that the individuals held on the Allegany Reservation of the Seneca Nation of Indians (SNI). The individ...

NE Hub Partners, L.P. v. CNG Transmission Corp.

The court holds that a natural gas storage facility operator may go forward with its federal preemption action against a state environmental agency in which it seeks a declaratory judgment enjoining the agency from revisiting its issuance of various state permits to the operator. After the operator'...

Cantrell v. Long Beach, City of

The court holds that an environmental group had standing under the National Environmental Policy Act (NEPA) to challenge the adequacy of the U.S. Navy's environmental impact statement (EIS) regarding the future use of the Long Beach Naval Station in California, but the group did not establish taxpay...

Eagle Energy, Inc. v. Secretary of Labor

The court dismisses for lack of jurisdiction a mine operator's appeal of both an administrative law judge's (ALJ's) finding that the operator committed a "significant and substantial" violation of a Federal Coal Mine Health and Safety Act regulation and the Federal Mine Safety and Health Review Comm...

Natural Resources Defense Council v. Southwest Marine, Inc.

The court holds that a district court had jurisdiction and discretion to make post-appeal modifications of an injunction issued against a shipyard for Clean Water Act violations. The original injunction required the shipyard to test the water column around vessels being blasted or painted at its pie...