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Knaust v. Kingston, City of

The court holds moot property owners appeal of a district court's denial of their motion for a preliminary injunction to enjoin federal funding and construction of a proposed business park. The property owners claim that the business park poses an imminent threat to the environment, and that the par...

American Rivers v. Federal Energy Regulatory Comm'n

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...

Bear Lodge Multiple Use Ass'n v. Babbitt

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...

Briargrove Shopping Ctr. Joint Venture v. Pilgrim Enters., Inc.

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...

National Propane Gas Ass'n v. Department of Transp.

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...

AlliedSignal, Inc. v. Phoenix, City of

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...

Pierson Sand & Gravel, Inc. v. Keeler Brass Co.

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...

Fuku-Bonsai, Inc. v. E.I. du Pont de Nemours & Co.

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...

Oregon Natural Resources Council Action v. U.S. Forest Serv.

The court holds that the U.S. Forest Service and the Bureau of Land Management (BLM) violated the Northwest Forest Plan and, hence, the Administrative Procedure Act (APA) by authorizing timber sales without first conducting surveys for certain species of wildlife. The court first holds that the envi...

Southwest Ctr. for Biological Diversity v. Clark

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...