The court denies a motion to certify for immediate appeal its previous order holding that abstention was unwarranted in a college's Comprehensive Environmental Response, Compensation, and Liability Act and Resource Conservation and Recovery Act suit against a town. The court first holds that the tow...

The court holds that an action alleging that the U.S. Army Corps of Engineers adopted annual operating plans for the Missouri River for the 1995-1996 and 1996-1997 navigation seasons in violation of the National Environmental Policy Act is moot. The state and an environmental group contend that the ...

The court affirms a district court dismissal of an oil company's action to obtain an order directing the Secretary of the Interior to restore lands once designated for federal oil and gas leases. The court first holds that the district court properly relied on Tenth Circuit precedent in holding that...

The court dismisses environmental groups' complaint alleging that the National Environmental Policy Act requires the U.S. Department of Energy (DOE) to prepare a supplemental programmatic environmental impact statement (PEIS) addressing new information concerning the use of the Los Alamos National L...

Applying Delaware law, the court holds that a settlement agreement resolving product liability claims between nursery workers and a chemical company does not bar the workers' subsequent claim that the company fraudulently induced settlement. The original claims arose over the workers' use of the com...

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...

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...

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...

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...

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...