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Save the Yaak Comm. v. Block

The court holds that the United States Forest Service (USFS) violated the National Environmental Policy Act in conducting a road reconstruction project and related timber sales in the Kootenai National Forest in Montana. The court first holds that the USFS' environmental assessments (EAs) for portio...

U.S. Fidelity & Guar. Co. v. United States

The court holds that the discretionary function exception of the Federal Tort Claims Act bars recovery against the United States for damages caused by the accidental release of two acid clouds during the cleanup of an abandoned chemical facility. The Environmental Protection Agency On Scene Coordina...

Keith v. Volpe

The court holds that a public interest law firm is entitled to a supplemental award of attorney fees under 42 U.S.C. §1988 and the common benefit doctrine for monitoring the implementation of a consent decree that resolved a challenge to the construction of a freeway in Los Angeles. The court first...

Kokechik Fishermen's Ass'n v. Secretary of Commerce

The court holds that the Secretary of Commerce violated the Marine Mammal Protection Act (MMPA) in issuing a permit to take a fixed number of Dall's porpoises incidental to commercial salmon fishing, since the incidental taking of other marine mammals not included in the permit was a virtual certain...

Friends of the Earth v. Department of the Navy

The court holds that environmental groups are entitled to an injunction enjoining construction of a proposed Navy homeport for the U.S.S. Nimitz in Everett, Washington, because the state has not yet concluded review proceedings for the Navy's dredging permit under the state Shoreline Management Act ...

Humane Soc'y of the United States v. Hodel

The court holds that the Humane Society has standing on behalf of its members to challenge the Fish and Wildlife Service's (FWS') decision to allow hunting in national wildlife refuges. The court holds that the Humane Society has established injury-in-fact. The court holds that the injuries that the...

National Wildlife Fed'n v. Hodel

In the ongoing review of the Secretary of the Interior's Surface Mining Control and Reclamation Act (SMCRA) regulations, the court sustains in part and remands in part regulations concerning, inter alia, prime farmland and pastureland, bonding, regulatory guidance, subsidence damage, jurisdiction ov...

In re Water of Hallett Creek Stream Sys.

The California Supreme Court rules that the federal government has riparian water rights in national forests within the state, and that these rights are no more subordinate to appropriative water rights than the riparian rights of other landowners. The United States had asserted rights to water cros...

Orion Corp. v. State

The Washington Supreme Court holds that privately owned tidelands in Padilla Bay are subject to the public trust doctrine and thus the state Shoreline Management Act (SMA) does not effect a taking by prohibiting dredge and fill activities, but the doctrine does not completely preclude plaintiff's ta...

United States v. Northernaire Plating Co.

The court holds that the owner, operator, and a corporate officer of an electroplating facility are jointly and severally liable under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs incurred by the United States. The court first hold...