The court holds that it lacks subject matter jurisdiction over a coalition's claims that federal agencies violated a variety of statutes, including the National Environmental Policy Act and the National Historic Preservation Act, in approving the design and construction of a World War II Memorial on...

The court holds that res judicata bars a manufacturer's declaratory relief action seeking a declaration that insurers must indemnify the manufacturer for claims brought against it for harm caused by the discharge of chemicals to groundwater at a California site. In a prior action, a court held that ...

The court holds that although it has jurisdiction to hear an individual's claim for damages against a city for disrupting his construction project, the individual's due process rights were not violated. The individual was granted the necessary permits to begin preparing the site for the construction...

The court issues a preliminary injunction halting salvage logging on fire-charred lands in Oregon until the Bureau of Land Management (BLM) resolves serious questions raised by environmental groups as to whether the agency complied with the National Environmental Policy Act (NEPA) in authorizing the...

The court holds that federal sovereign immunity bars an action initiated by the commonwealth of Puerto Rico's environmental agency in an effort to impose restrictions on the U.S. Navy's extraction of waters from a river. During World War II, the Navy obtained a permit from the commonwealth to extrac...

The court holds that an environmental group's claim that the U.S. Department of Defense (DOD) and a state military department violated the National Environmental Policy Act (NEPA) by failing to prepare an environmental assessment (EA) in connection with plans to build a military center is not ripe. ...

The court holds that the owner of a retail development lacked standing to bring Federal-Aid Highway Act (FAHA) and National Environmental Policy Act (NEPA) actions against the Secretary of Transportation and the Federal Highway Administration (FHwA) for failing to prevent a county from approving the...

The court holds that a D.C. Circuit ruling that the U.S. Department of the Interior's (DOI's) decision to assess royalties on nonrecoupable take-or-pay payments was an arbitrary and capricious reading of DOI's own rules applies to an oil company that was assessed with such royalties, but not to a pe...

The court affirms a district court's denial of attorney fees to an environmental group whose lawsuit challenging the adequacy of a Federal Highway Administration (FHwA) environmental assessment (EA) was not a material factor in the FHwA's decision to supplement the EA. The court first holds that the...

The court holds that county ordinance provisions directing solid waste to designated in-state facilities do not discriminate against interstate commerce; however, provisions that prevent the delivery of waste to out-of-state processors violate the U.S. Commerce Clause. The court first holds that the...