The court upholds Nevada county ordinances requiring landowners either to subscribe to a particular garbage collection service or to haul their garbage to an approved disposal site every seven days. The ordinances also required all landowners that cannot prove that they properly disposed of their ow...

The court reverses a district court opinion that the stare decisis effect of a decision by a federal district court in Washington State bars appellants' current challenge to the president's 1994 forest plan. The court holds that stare decisis does not require a district court in one circuit to follo...

The Court holds that a landowner's takings claim against a regional planning agency is ripe for adjudication. The agency determined that the landowner may not develop her property but is entitled to transferable development rights (TDRs). The Court first notes that its discussion is confined to whet...

The court holds that a district court erroneously dismissed a nondiverse defendant as fraudulently joined in an action based on oil companies' alleged contamination of Mississippi property with naturally occurring radioactive material (NORM). The court first holds that a party removing an action to ...

The court holds that a district court properly dismissed a class action brought by Peruvian citizens alleging injuries from a U.S. corporation's copper smelting and refining operations in Peru. The court first holds that the district court had federal question jurisdiction because the complaint rais...

The court holds that federal and state transportation agencies did not violate the National Environmental Policy Act (NEPA) when they failed to perform a supplemental environmental assessment (EA) after modifying the original design of a proposed freeway interchange. The court first holds that condu...

The court holds that the U.S. Army Corps of Engineers violated the National Environmental Policy Act (NEPA) when it failed to consider, in an environmental impact statement (EIS), reasonable alternatives to creating a single source of water to satisfy the needs of both a municipality and a contiguou...

The court holds that the Bonneville Power Administration (BPA), which entered into two agreements with Canada regarding rights to excess water stored in reservoirs on the Columbia River system in Canada, did not violate the Northwest Power Act (NPA) or the National Environmental Policy Act (NEPA). T...

The court holds that a Minnesota waste management statute that requires public entities to comply with county waste management plans does not violate the Commerce Clause of the U.S. Constitution by barring the importation of waste processing services. Minnesota statute §115A.46 requires public enti...

The court holds that it lacks jurisdiction over an interlocutory appeal of a district court's refusal to hold a pre-indictment hearing to determine if the government improperly used compelled employee statements in a grand jury proceeding regarding an explosion at a rocket-fuel manufacturing facilit...