The court holds that a New Mexico statute setting conditions on the export of groundwater is facially consistent with the Commerce Clause to the extent that the conditions do not discriminate against out-of-state users more than is necessary to protect the vital interests of New Mexicans in time of ...

The court holds en banc that it lacks jurisdiction to review summary judgment rulings on two claims in an Indian fishing rights case, one because the district court did not properly certify it as a final judgment and the other because it was not in fact a final judgment. The trial court completely d...

The court rules that the Wild Free-Roaming Horses and Burros Act requires only that the Bureau of Land Managment (BLM) manage wild horses and burros to maintain a thriving ecological balance, not that it keep populations down to their 1971 levels. The court finds that BLM's rejection of its own pre-...

The court holds that classification of plaintiffs as "operators" of the Kin-Buc Landfill in Edison, New Jersey, or "transporters" of hazardous substances to the site must not delay implementation of a cleanup order issued under §106 of the Comprehensive Environmental Response, Compensation and Liab...

The court holds that EPA's issuance of an order pursuant to §106 of the Comprehensive Environmental Response, Compensation, and Liability Act directing cleanup and closure of the Kin-Buc Landfill in Edison, New Jersey, does not constitute final agency action, and thus is not subject to judicial rev...

The court rules that a landowner may pursue an action under the Declaratory Judgment Act against a former lessee to determine his indemnification rights regarding liability to the federal government under Clean Water Act §311 and the Comprehensive Environmental Response, Compensation, and Liability...

The court rules that the absence of a requirement of criminal intent in Migratory Bird Treaty Act (MBTA) §6(b)(2), which makes the sale of migratory birds in violation of MBTA a felony, violates the Due Process Clause because the penalty is severe and conviction would irreparably damage one's reput...

The court rules that a citizen complaint brought under §505 of the Federal Water Pollution Control Act (FWPCA) must allege a violation occurring at the time the complaint is filed. The court supports its conclusion first by reference to the plain language of the statute, which is worded in the pres...

The court holds that a county road commission need not pay sewer user fees for treatment of stormwater runoff from its roads. Pursuant to a settlement of a Federal Water Pollution Control Act (FWPCA) suit with the Environmental Protection Agency, plaintiff instituted a user fee system to finance sew...

The court rules that a seller who allegedly misrepresented the severity of an oil spill on a property may be liable to the buyer under common-law fraud and statutory deceptive business practices theories, but has not breached its promise to sell the property free of encumbrances. Applying Massachuse...