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Fireman's Fund Ins. Co. v. Lodi, Cal., City of

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt a California city's comprehensive municipal environmental response and liability ordinance. An insurer challenged the constitutionality of the ordinance. The court first dismisses...

Friends of the Earth v. Gaston Copper Recycling Corp.

The court holds that environmental groups lacked standing to pursue Federal Water Pollution Control Act (FWPCA) claims against a smelting facility that allegedly violated its national pollutant discharge elimination system (NPDES) permit. The groups alleged that the facility violated the FWPCA by ex...

South Trenton Residents Against 29 v. Federal Highway Admin.

The court holds that the Federal Highway Administration's (FHwA's) and a state transportation agency's decision not to complete a supplemental environmental impact statement (EIS) for a highway project in New Jersey was reasonable. Several years after a final EIS for the highway was completed, it wa...

Woodfeathers, Inc. v. Washington County, Or.

The court holds that a district court erred in failing to abstain under Younger v. Harris, 401 U.S. 37 (1971), in a case challenging the constitutionality of an Oregon county's solid waste ordinance. A company charged with violating the ordinance sought declaratory and injunctive relief against enfo...

Alaska v. Babbitt

The court holds that a district court has jurisdiction under the Quiet Title Act (QTA) to review an Interior Board of Land Appeals' (IBLA's) decision that a Native American's claim for an allotment of land under the Native Allotment Act takes precedence over a state's earlier right-of-way grant in t...

Park & River Alliance, Inc. v. Slater

The court holds that an environmental group's Department of Transportation Act §4(f) challenge to a proposed five-mile highway corridor in Minneapolis, Minnesota, is time barred. Although a statement made in the district court's opinion is a "new circumstance," it does not have anything to do with ...

New York v. Department of Transp.

The court holds that the Hazardous Materials Transportation Act (HMTA) preempts a New York regulation that prohibits the repackaging of hazardous wastes. The court first holds that the U.S. Department of Transportation (DOT) has primary jurisdiction over the regulation and transportation of hazardou...

Kleissler v. U.S. Forest Serv.

The court holds that an individual failed to exhaust his administrative remedies before suing the U.S. Forest Service for violating the National Environmental Policy Act (NEPA) and the National Forest Management Act (NFMA) in connection with two timber cutting projects in the Allegheny National Fore...

Idaho Watersheds Project v. Hahn

The court reverses a district court's denial of environmental groups' motion for a preliminary injunction to limit grazing in certain allotments of the Owyhee Resource Area in Idaho. The district court held that the groups failed to show a likelihood of success on the merits of their claim that the ...

Wilderness Soc'y v. Thomas

The court holds that the U.S. Forest Service did not violate the National Forest Management Act (NFMA) when it adopted a forest plan for the Prescott National Forest in Arizona that identified certain forest land as suitable for grazing. The court first holds that the claims alleged by the environme...