The court enjoins the United States Department of the Interior and the Bureau of Indian Affairs (BIA) from continuing construction of fences and livestock watering facilities on portions of the Hopi Indian Reservation as part of a range restoration and management program until the BIA complies with ...

The court holds that a city violated a landfill operator's constitutional rights by arbitrarily denying the operator a permit for the landfill. The court first holds that the operator's action against the city is appropriate under the Civil Rights Act, 42 U.S.C. §1983. Courts have held that a corpo...

The court holds that the contingency plan in California's 1982 Clean Air Act state implementation plan (SIP) for the San Francisco Bay Area requires adoption of sufficient contingency measures to make reasonable further progress in reducing hydrocarbon emissions, and that state and local government ...

The court holds that it lacks jurisdiction over an insurer's declaratory judgment action because the enforceability of an insurance contract between an insurer and a potentially responsible party (PRP) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is a ques...

The court holds that the claims of a buyer of a manufacturing plant against the seller, including a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery claim and contract and tort claims, are subject to arbitration, as provided in the sales agreement. The sel...

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not preempt a Colorado tort law claim against a chemical company for damages based on the company's alleged negligent failure to warn property owners of the potential environmental risks of using a wood treatme...

The court rules that California's Proposition 65 warning requirements are not preempted by the Federal Hazardous Substances Act (FHSA) and incorporates by reference an earlier ruling that Proposition 65 is not preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). A chemical m...

The court holds that the U.S. Forest Service did not violate the National Environmental Policy Act or the National Forest Management Act when it authorized a timber sale in the Shawnee National Forest in southern Illinois that would allow a private logger to conduct group selection by clearing trees...

The court holds that the district court improperly awarded attorney fees under the Equal Access to Justice Act (EAJA) to a Detroit agency that owns a municipal solid waste incinerator because the district court lacked subject matter jurisdiction over the underlying litigation challenging the Environ...

The court holds that §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bars preenforcement judicial review of a challenge to the Environmental Protection Agency's (EPA's) remedial investigation/feasibility study (RI/FS) brought by a potentially responsibl...