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Action not barred

Alaska v. United States Department of Agriculture

The D.C. Circuit held that Alaska's lawsuit challenging the U.S. Forest Service's roadless rule is not time barred. The Forest Service issued the roadless rule in 2001. In 2005, the Forest Service repealed it, but the rule was...

Whitlock v. Pepsi Ams., Inc.

A district court denied in part and granted in part a disposal waste facility's motion to dismiss individuals' tort claim against it as untimely. Genuine issues of material fact preclude summary judgment on the ground that the...

Mest v. Cabot Corp.

The court vacates the dismissal of dairy farmers' claims that their cows and farmland were poisoned by defendant's factory emissions over several decades. Because there is a material issue of fact as to whether the farmers exercised...

Harmon Indus., Inc. v. Browner

The court holds that the U.S. Environmental Protection Agency (EPA) does not have the authority to impose its own separate enforcement penalties on a Missouri corporation after the corporation and an authorized state agency negotiated a...

United States v. Beggerly

The Court holds that the Fifth Circuit lacked jurisdiction over a suit to set aside a 1982 settlement agreement that quieted title to lands on Horn Island, Mississippi, in U.S. favor. After concluding that the Quiet Title Act conferred...

Beggerly v. United States

The court holds that a consent judgment under which the United States acquired title to Horn Island in the Gulf of Mexico is null and void. Plaintiff-appellants had contracted to sell a portion of the island to the United States, which...

United States v. Banks

The court affirms a district court decision that a property owner violated the Federal Water Pollution Control Act (FWPCA) by discharging dredged material and fill into adjacent wetlands without a permit. The court first rejects the...