The court dismisses environmental groups' petition to review the Federal Energy Regulatory Commission's (FERC's) refusal to initiate an Endangered Species Act (ESA) §7(a)(2) consultation regarding its ongoing regulatory authority over a power company's Hells Canyon complex in Idaho. The court first...

The court holds that a group of rock climbers lack standing to challenge as a violation of the Establishment Clause the National Park Service's voluntary closure of Devils Tower National Monument in its final climbing management plan (FCMP). The FCMP asks rock climbers to voluntarily refrain from cl...

The court holds that it lacks jurisdiction over an appeal from a judgment that assessed Comprehensive Environmental Response, Compensation, and Liability Act response costs and damages against a dry cleaning company for perchloroethylene contamination at a shopping center. The court first holds that...

The court upholds the Research and Special Programs Administration's (RSPA's) final emergency discharge control rule for cargo tank motor vehicles and its interpretation of the attendance regulation requiring an operator to be in attendance during the loading and unloading of cargo tanks. Gas compan...

The court holds that a city is not immune from a company's negligence suit for allegedly delivering contaminated water to the company's facilities. The company sought damages for the cost of replacing corroded pipes in a fire protection sprinkler system and a permanent injunction and/or writ of mand...

The court holds that the doctrine of res judicata does not bar a state court from presiding over landfill owners' state-law claims for response costs from potentially responsible parties even though the owners already sought relief under the Comprehensive Environmental Response, Compensation, and Li...

The court holds that a settlement agreement resolving product liability claims between a Hawaii ornamental plant company and a Delaware chemical company does not bar the plant company's subsequent claim that the chemical company fraudulently induced settlement. The court first holds that the plant c...

The court holds that environmental groups have standing to bring suit against the U.S. Department of the Interior (DOI) for failing to redesignate critical habitat for the spikedace and loach minnow even though the groups' members cannot see and are unable to distinguish the fish in their natural ha...

The court affirms a district court dismissal of a property owner's 42 U.S.C. §1983 suit, which alleged a New Hampshire town effectuated an uncompensated taking of the owner's property, for lack of subject matter jurisdiction. Before seeking relief in federal court, the owner initiated two lawsuits ...

The court holds that a consent decree entered in federal court between the city of Lodi, California, and the primary insurer of a dissolved California corporation that polluted the city's groundwater does not preclude the city from bringing suit in state court to reach the corporation's other insura...