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District courts

MSOF Corp. v. Exxon Corp.

The court holds that a district court lacked jurisdiction under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the All Writs Act to hear landowners' land contamination claim against various...

National Wildlife Fed'n v. Caldera

The court holds that it lacks jurisdiction over claims brought by environmental groups against various governmental agencies protesting the issuance by the U.S. Army Corps of Engineers (the Corps) of 23 permits for various kinds of...

United States v. Detroit, City of

The court vacates a district court order requiring the U.S. Army Corps of Engineers to accept dredged material in order to prevent the frustration of a consent decree designed to address water pollution problems around Detroit, Michigan...

Burbank, Cal., City of v. United States

The court holds that the U.S. Court of Federal Claims improperly dismissed a city's breach of contract claims against the Bonneville Power Administration (BPA) for lack of jurisdiction. The BPA was created to serve the Pacific Northwest...

Kentuckians for the Commonwealth, Inc. v. Rivenburgh

The court denies a U.S. Army Corps of Engineers' motion to change venue in an environmental group's suit against it for violating the Clean Water Act (CWA) §404 by authorizing a surface mining company to fill streams with waste rock...

Riverkeeper, Inc. v. Whitman

The court denies an electric utility and trade association coalition's motion to intervene in mediation leading to and subsequent enforcement of an amended consent decree between the U.S. Environmental Protection Agency (EPA) and an...

Cabana v. Forcier

The court dismisses for lack of subject matter jurisdiction a suit against a trucking company by an individual that alleged he suffered permanent physical injuries as a result of transporting hazardous waste for the company. The...

Natural Resources Defense Council v. Southwest Marine, Inc.

The court holds that a district court had jurisdiction and discretion to make post-appeal modifications of an injunction issued against a shipyard for Clean Water Act violations. The original injunction required the shipyard to test the...

Tosco Corp. v. Communities for a Better Env't

The court holds that, applying the "place of operations" test, a district court lacks federal diversity jurisdiction under 28 U.S.C. §1332 to hear a manufacturer's slander, libel, malicious prosecution, and equitable relief claims...

Kemper Prime Indus. Partners v. Montgomery Watson Ams., Inc.

The court denies motions to dismiss an engineering company's third-party Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and contractual indemnification...