The court holds that Hawaii's introduction of mouflon sheep into critical habitat of the endangered Palila bird is an unlawful taking under the Endangered Species Act (ESA). The state introduced the sheep into the area for sport hunting, but the sheep feed on trees that provide critical habitat for ...

The court upholds the actions of the New York State Urban Development Corporation (UDC) in approving a development project in the Times Square area of New York City, following review in accordance with the New York State Environmental Quality Review Act and the New York Eminent Domain Procedure Law ...

The court holds that an insurance company does not have a duty to defend the insureds, who are defendants in a cost recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), because there was no occurrence during the insurance policy period, there was ...

The court rules that private parties may maintain an action under §505 of the Federal Water Pollution Control Act (FWPCA) for civil penalties for violations that have ceased prior to the filing of the suit only if good-faith allegations warranting injunctive relief are also made. The court first ru...

The court holds that the potential imposition of punitive damages under §107(c) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for failure to comply with a §106(a) cleanup order does not violate the due process rights of responsible parties. The court initial...

The court holds that failure of the Secretary of the Interior and the Bureau of Land Management (BLM) to control the consumption of forage by wild horses on private lands pursuant to the Wild Free-Roaming Horses and Burros Act (the Act) does not constitute a taking of private property without just c...

The court rules that the Environmental Protection Agency (EPA) is empowered to promulgate underground injection control regulations for Indian lands under the Safe Drinking Water Act (SDWA), and upholds EPA's program for the Osage Indian Mineral Reserve in Oklahoma. The court initially holds that th...

The court holds that the strict liability provision of the New Jersey Spill Compensation and Control Act (Act) applies prospectively and precludes recovery from the Act's compensation fund by third parties for pre-Act spills, but the New Jersey Department of Environmental Protection (DEP) may recove...

The court holds that continuing a stay pending appeal is unjustified where the state had not shown a likelihood of prevailing on its claim that the Forest Service violated the National Environmental Policy Act (NEPA) by failing to prepare an environmental impact statement (EIS) before clearcutting 2...

The court holds that the challenge of a cleaning compound manufacturer to an Environmental Protection Agency (EPA) administrative warrant to search the company's premises for hazardous wastes is moot. The court holds that there is no live case or controversy because the warrant has already been full...