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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...

Friends of the Earth v. Gaston Copper Recycling Corp.

The court reverses a district court decision that environmental groups failed to demonstrate injury-in-fact and, therefore, do not have standing to bring a citizen suit under the Clean Water Act against a nonferrous metal smelting facility for violations of its national pollutant discharge eliminati...

Allens Creek/Corbetts Glen Preservation Group, Inc. v. Caldera

The court holds that the equitable doctrine of laches bars a community group's Administrative Procedure Act and Clean Water Act (CWA) claims seeking to prevent the permitted filling of a wetland and, hence, to stop further development of a neighboring industrial park. After their attempt to stop the...

United States v. Amoco Chem. Co.

The court holds that neither an amended Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) consent decree between a waste handler and the United States nor a previous trust agreement with other CERCLA defendants bound a waste handler to sign a new trust agreement. The dis...

Huish Detergents, Inc. v. Warren County, Ky.

The court holds that a lower court improperly dismissed a laundry detergent manufacturer's claim that an exclusive franchise agreement between a county and a solid waste handler violated the dormant U.S. Commerce Clause. The agreement gave the waste handler the exclusive right to collect and process...

Shawnee Trail Conservancy v. Department of Agric.

The court upholds a district court dismissal for lack of subject matter jurisdiction of recreational groups' claims that the U.S. Forest Service violated the U.S. Constitution and the Administrative Procedure Act (APA) when it designated certain areas of the Shawnee National Forest as Research Natur...

Miccosukee Tribe of Indians of Fla. v. Corps of Eng'rs

The Eleventh Circuit upheld a lower court decision dismissing for lack of subject matter jurisdiction two lawsuits filed by a Native American tribe challenging the U.S. Army Corps of Engineers' plans to replace a mile of the ground-level Tamiami Trail (U.S. Highway 41) with a bridge to increase the ...

Wilderness Soc'y, Inc. v. Rey

The Ninth Circuit dismissed environmental groups' claims against the U.S. Forest Service challenging revisions it made to regulations implementing the Forest Service Decisionmaking and Appeals Reform Act (ARA). The revisions limit the scope and availability of notice, comment, and appeals procedures...

Agee v. Monsanto Co.

A district court granted an individual's motion to remand to state court her personal injury lawsuit against a chemical company and its successors for damages stemming from the unlawful disposal of dioxin and furan waste at a chemical plant in Nitro, West Virginia. She alleges that her exposure to t...

State v. Carroll

The court holds that the doctrine of res judicata does not bar landowners' third-party state-law contribution and indemnification claim against a neighboring company for cleanup costs the state incurred in its efforts to remedy petroleum contamination on the landowners' property. The company previou...