The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(h) does not bar a district court's jurisdiction over environmental groups' California Environmental Quality Act action against state agencies for failing to prepare an environmental impact s...

The court holds that the former owner and operator of a refinery may not bring cost recovery or contribution actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the subsequent and current owners. The court first holds that the former owner is a pe...

The court holds that the U.S. Forest Service did not breach a timber sale contract when, pursuant to two contract provisions, it canceled the contract to avoid jeopardizing the continued existence of the endangered northern spotted owl in the Six Rivers National Forest. The court first holds that th...

The court holds that the U.S. Army Corps of Engineers' denial of a property owner's permit application to dredge and fill wetlands on his property in the Florida keys was not a taking. The court first holds that the U.S. Supreme Court did not hold in Lucas v. South Carolina Coastal Council, 505 U.S....

The court holds that the Federal Highway Administration (FHwA) did not violate the National Environmental Policy Act (NEPA) when it approved revised plans for the construction of an airport highway without conducting a supplemental environmental impact statement (SEIS). A citizen group claimed that ...

The court affirms in part and reverses in part a district court decision that determined and allocated Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability at a landfill. The landfill's owner brought a CERCLA contribution suit against the corporation that leased t...

The court holds that the U.S. Forest Service's modification of the terms and conditions of grazing permits for the Gila and Apache-Sitgreaves National Forests did not deprive permit holders of procedural due process under the Fifth Amendment. The court first holds that the permit holders have not de...

The court holds that the U.S. Army Corps of Engineers has jurisdiction under the Migratory Bird Rule to require a consortium of municipalities to obtain a Federal Water Pollution Control Act (FWPCA) §404 permit before filling ponds and lakes on a proposed landfill site. The court first holds that t...

The court vacates a district court's allocation of contribution costs a coating company must pay for cleanup costs incurred by another potentially responsible party (PRP) at the Fisher-Calo site in Indiana. Although the coating company sent nine percent and the PRP sent approximately 71 percent of t...

The court holds that a timber company cannot bring a takings claim against the United States for canceling a timber sales contract in the Mount Baker-Snoqualmie National Forest in Washington State, but that the company can bring a breach of contract claim under the Contract Disputes Act (CDA). The U...