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Hettinga v. United States

The D.C. Circuit reversed a lower court decision dismissing dairy farmers' action challenging the constitutionality of two amendments to the Agricultural Marketing Agreement Act. The dairy farmers alleged that the amendments, which subjected certain large producer-handlers of milk to contribution re...

Citizens for Better Forestry v. Department of Agric.

The Ninth Circuit held that an environmental group is not entitled to attorneys fees in their action challenging a USDA regulation that the agency withdrew while the case was pending. The group alleged that the USDA violated NEPA, the ESA, and the National Forest Management Act (NFMA) in promulgatin...

Caperton v. A.T. Massey Coal Co.

The U.S. Supreme Court held that a justice sitting on West Virginia's highest court should have recused himself from a case involving a coal company that contributed large sums of money toward the judge's election campaign. In that case, a jury found the company liable for fraudulent misrepresentati...

In re Howard

The Sixth Circuit dismissed a miner's petition for writ of mandamus directing the Secretary of Labor to promulgate lower limits for the mount of dust and silica allowed in the air in mines. The Federal Mine Safety and Health Act of 1977 authorizes the Secretary to promulgate mandatory air quality st...

Southern Alliance for Clean Energy v. Duke Energy Carolinas, LLC

A district court dismissed, without prejudice, environmental group's CAA lawsuit challenging an energy company's plans to expand one of its coal-fired power plants. Four of the five plaintiffs in this action are also petitioners in an action pending before the North Carolina Office of Administrative...

Pollack v. Department of Justice

The Seventh Circuit held that an environmental group lacks standing in their action against several government agencies for allowing the discharge of bullets into Lake Michigan at a U.S.-operated gun range. The group alleged that the deterioration of the lead bullets in the water harmed the environm...

United States v. Northshore Mining Co.

The Eighth Circuit affirmed a lower court decision holding moot certain parts of a 1975 injunction regulating air emissions from a mining company's taconite pellet operation in Silver Bay, Minnesota. The lower court held that since portions of the injunction had been effectively incorporated into st...

Mathes v. Vulcan Materials Co.

A district court held that it lacks jurisdiction over a lawsuit filed by the U.S. Virgin Islands natural resources commissioner against two chemical companies for negligence, strict liability, and nuisance in connection with the contamination of an aquifer that was once a significant source of drink...

Coffey v. Freeport McMoren Copper & Gold

The Tenth Circuit affirmed a lower court decision remanding to state court residents' class action lawsuit against a mining company for property contamination stemming from the company's mining operations. The residents originally filed the suit in state court, but the company removed the case to fe...