The court holds that the federal government's reallocation of excess water to a Native American tribe did not constitute a taking of irrigation districts' water rights. A 1984 federal statute directed a permanent annual supply of water to a Native American tribe and apportioned the excess water to a...

The court holds that a company satisfied the requirements for the issuance of a preliminary injunction against a city seeking to enforce two zoning ordinances that impose disposal fees for the storage of radioactive material. The court first holds that the abstention doctrine does not apply. To the ...

The court holds that the Federal Mining Act of 1872 preempts a local zoning ordinance that bans surface metal mining within the Spearfish Canyon area of South Dakota. The court first holds that miners' preemption claim against the county ordinance is ripe. The miners have shown a realistic danger of...

The court holds that the federal government's reallocation of a Native American tribe's excess water supply to a second tribe did not constitute a taking of irrigation districts' water rights. After the districts entered into subcontracts with the state and federal government for residual water righ...

The court holds that a husband and wife lacked standing under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Federal Water Pollution Control Act (FWPCA), and the Resource Conservation and Recovery Act (RCRA) to sue the developers of a benzene contaminated off...

The court upholds a U.S. Forest Service decision to allow a timber sale in the Malheur National Forest in Oregon. The Forest Service's decision allows the harvest of approximately 10.7-million-board feet of timber from approximately 3,560 acres, which includes 92 acres of conifers encroaching on asp...

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 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 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...