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Washington

Centralia, Wash., City of v. Federal Energy Regulatory Comm'n

The court grants a city's petition for review and reverses the Federal Energy Regulatory Commission's (FERC's) order requiring the city to conduct a study of the effects of the Yelm Hydroelectric Project on the anadromous fish in the...

Bremerton, City of v. Sesko

The court holds that property owners operated two illegal junkyards in violation of a city's zoning laws and that such operation constituted a nuisance. The city planning commission determined that the properties were nuisances, and the...

Banning v. State Dep't of Fish & Wildlife

The court holds that property owners who built unpermitted structures on a county's right-of-way so that they could access adjacent tidelands did not hold property rights in the structures and could not seek compensation under the state...

Seattle, City of v. Washington State Dep't of Transp.

The court holds that although a state department of transportation is technically liable under the Washington Model Toxics Control Act (MTCA) for the disposal of a tank car at a Superfund site, the department need not pay remedial...

Inland Foundry Co. v. Spokane County Air Pollution Control Auth.

The court affirms a trial court decision and holds that a company cannot challenge an air pollution authority's regulatory classification before a pollution control hearing board. After the air pollution authority imposed a $182...

Buse Timber & Sales, Inc. v. United States

The court holds that a timber company cannot bring a takings claim against the United States for canceling a timber sales contract in the Mount Baker-Snoqualmie National Forest in Washington State, but that the company can bring a...

Kettle Range Conservation Group v. U.S. Forest Serv.

The court holds that the U.S. Forest Service's consideration of a fire's effects on a proposed timber sale in the Colville National Forest in Washington was not arbitrary and capricious. After a fire burned 10,000 acres, including 133...

Amchem Prods., Inc. v. Windsor

The Court affirms a Third Circuit decision that a class-action certification seeking settlement of current and future asbestos-related claims failed to satisfy the requirements of Fed. R. Civ. P. 23. The Court first notes that the Third...

Kettle Range Conservation Group v. U.S. Forest Serv.

The court holds that the U.S. Forest Service did not violate the National Environmental Policy Act (NEPA) by classifying certain units of a proposed timber sale as roaded. Because the Forest Service considers the challenged units as...

International Ass'n of Indep. Tanker Owners v. Lowry

The court holds that Washington oil spill prevention laws are not preempted by federal statute, do not violate the Commerce Clause or Foreign Affairs Clause of the U.S. Constitution, and are not improper extraterritorial restrictions....