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Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders

The court holds that New Jersey solid waste flow-control regulations probably violate the Commerce Clause of the U.S. Constitution, but grants only a conditional preliminary injunction to prevent enforcement of the regulations for construction and demolition debris. The court first addresses the cla...

Friends of the Wild Swan v. U.S. Fish & Wildlife Serv.

The court holds that landowners, timber companies, and a sport fisherman guide may not intervene in an environmental group's action to compel the U.S. Fish and Wildlife Service (FWS) to list the bull trout as an endangered species. The court holds that the proposed intervenors cannot satisfy all the...

Ausable Manistee Action Council, Inc. v. Stump

The court holds that the U.S. Army, the Michigan Department of Military Affairs, and the National Guard Bureau (agencies), did not violate the National Environmental Policy Act (NEPA) in deciding to construct a tank firing range at a National Guard training facility, and not to issue a supplemental ...

General Atomics v. NRC

The court holds that a district court lacked jurisdiction over a parent corporation's challenge to a pending U.S. Nuclear Regualatory Commission (NRC) hearing to determine whether the company was liable for cleanup costs at the facility of its subsidiary, which is an NRC licensee. The NRC attempted ...

Employers Ins. of Wausau v. United States

The court holds that the discretionary function exception to the Federal Tort Claims Act (FTCA) bars an insurer's claim that U.S. Environmental Protection Agency (EPA) officials acted tortiously in ordering the insurer to clean up a site under the Comprehensive Environmental Response, Compensation, ...

Friends of the Earth v. Chevron Chem. Co.

The court holds that a nonprofit environmental protection corporation that failed to demonstrate compliance with its internal bylaws regarding the creation of a class of members within the corporation lacked representational standing to bring a Federal Water Pollution Control Act citizen suit agains...

Damon v. Sun Co.

The court affirms a district court decision that an oil company is liable for commonlaw misrepresentation and engaging in unfair or deceptive trade practices in violation of Massachusetts General Laws chapter 93A, §11, in connection with its sale of a gasoline station. Although the company's region...

Gary D. Peake Excavating Inc. v. Town Bd. of Hancock

The court holds that under New York law, an unconstitutional section in a local waste flow-control ordinance is severable from the constitutionally valid remaining provisions of the ordinance. The court first holds that plaintiffs' claims are ripe for adjudication. Plaintiffs do not have to obtain a...

Idaho Sporting Congress v. U.S. Forest Serv.

The court holds that the salvage logging rider to the 1995 Rescissions Act precludes judicial review under the Administrative Procedure Act (APA) of seven salvage timber sales in Idaho and Montana. Because §2001(f) of the Rescissions Act provides a specific mechanism for judicial review and offers ...

Conoco, Inc. v. ONEOK, Inc.

The court holds that a natural gas company must indemnify the owner of a ruptured pipeline for 50 percent of the costs it incurred cleaning up surrounding soil and groundwater and paying third-party damages to nearby property owners. Two years after the owner of the ruptured pipeline installed it, t...