The court holds that the "vandalism and malicious mischief" clause in a municipal sewer district's insurance policy covers damage to a sewage treatment plant caused by a third party's illegal dumping of toxic chemicals into a sewer. Applying Kentucky law, the court holds that the clause does not req...

The court holds that plaintiffs' proposed mining under lands administered by the Forest Service is governed by the Surface Mining Control and Reclamation Act (SMCRA) and refuses to find a taking. First, the court holds that the mining would take place "on federal lands" under SMCRA §522(e)(2), desp...

The court holds that the Environmental Protection Agency (EPA) correctly approved an Arizona state implementation plan (SIP) provision imposing variable emission limitations on copper smelters. The SIP provision requires smelters to cut their current, varying levels of sulfur dioxide emissions by a ...

The court holds that before building a road into the Jersey Jack area of the Nezperce National Forest, the Forest Service must prepare and environmental impact statement (EIS) on the road and associated timber sales and biological assessment under the Endangered Species Act (ESA), but that the agenc...

The court temporarily enjoins conversion of a large wetland area to farmland, finding that the activities in controversy fail to fit under any of Federal Water Pollution Control Act (FWPCA) §404's farming exemptions. The court first holds that the government has established a strong likelihood of s...

The court rules that the National Institutes of Health (NIH) did not adequately assess whether to prepare an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA) before approving an experimental deliberate release of genetically engineered, recombinant-DNA-containi...

The court, sitting en banc in a maritime toxic tort case, holds that no recovery is allowed for negligently inflicted economic loss absent physical damage to a proprietary interest. Plaintiff-appellants are various businesses indirectly injured when the Mississippi River Gulf Outlet and surrounding ...

The court holds that Idaho's four-year statute of limitations applies to the state law nuisance and statutory claims in a suit brought by Idaho alleging that defendants' smelting activities injured its northern environment. Although acting in its role as parens patriae in fulfillment of its importan...

In a preliminary ruling in a Federal Water Pollution Control Act (FWPCA) §505 citizen suit, the court rules that plaintiffs may seek penalties for past violations, that neither a state statute of limitations nor laches bars the suit, and the §505 is constitutional. The court reiterates a prior rul...

The court rules that a Federal Water Pollution Control Act (FWPCA) citizen suit may proceed at the same time as an administrative enforcement action and without joining the administrative agencies as parties, and holds defendant liable for past violations apparent from its discharge monitoring repor...