The court dismisses a railroad's state-law and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims against two petroleum companies that operated pipeline terminals on the railroad's property. Claim preclusion barred the railroad from bringing suit against one of the...

The court holds that §21 of Article XVII to the South Dakota Constitution, which prohibits corporations or syndicates from acquiring or obtaining an interest in land used for farming and from otherwise engaging in farming in South Dakota, violates the dormant U.S. Commerce Clause of the U.S. Co...

The court denies a utility reform group's petition challenging power sale contract amendments between the Bonneville Power Administration (BPA) and several direct service industries. In response to an energy crisis, the BPA developed a load reduction program that provided for consumer conservation, ...

The court reverses a district court decision that environmental groups failed to establish both standing and ripeness in their National Environmental Policy Act (NEPA) and Endangered Species Act (ESA) challenges to a U.S. Department of Agriculture (USDA) rule defining the new national forest managem...

The court holds that a district court erroneously granted a four-level downward departure in the sentencing of an individual for improperly discharging a pollutant into navigable waters and causing an employee to falsify test results to the government. The district court erred in failing to give not...

The court vacates and remands a trial court holding that increased stormwater drainage from the construction of a U.S. Postal Service facility in West Virginia did not constitute a taking of a neighboring mall owner's property. The trial court held that no taking occurred because the owner failed to...

The court reverses and remands a district court's approval of a final environmental impact statement (EIS) that failed to discuss and respond to seven scientific studies casting doubt on the U.S. Forest Service's conclusion that northern goshawks are habitat generalists. In response to the Forest Se...

The court largely upholds the U.S. Environmental Protection Agency's (EPA's) determination that Subtitle C of the Resource Conservation and Recovery Act (RCRA) does not apply to recycled materials used to make zinc fertilizers, or to the resulting fertilizers themselves, so long as they meet certain...

The court holds that the no surprises rule, which provides regulatory assurances to holders of incidental take permits (ITPs) issued under the Endangered Species Act (ESA) that they will not be required to commit funds or resources beyond those contemplated at the time the permit was issued to mitig...

The Ninth Circuit holds that a district court erred in holding that residents living across from a county dump lacked standing to bring Clean Air Act (CAA) claims based on ozone degradation against a county health department and in granting the county summary judgment on the residents' Resource Cons...