The Ninth Circuit held that the subcellular alteration of a plaintiff's deoxyribonucleic acid (DNA), without pain or interference with bodily functions, is not a bodily injury within the…
The Ninth Circuit held that federal law preempts Washington State's Cleanup Priority Act, a statute enacted through the passage of a voter initiative. The Act was intended to "prevent…
The court holds that it lacked jurisdiction over the Nuclear Regulatory Commission's (NRC's) decision denying environmental groups' request that the licensing of two nuclear power…
The court upholds two Nuclear Regulatory Commission (NRC) orders that refused on standing grounds a radioactive waste disposal facility's request for hearing and intervention in the licensing…
The court holds that the U.S. Supreme Court's decision in Eastern Enterprises v. Apfel, 118 S. Ct. 2131 (1998), does not undercut the constitutionality of retroactive liability under the…
The Court holds that the tribal exhaustion doctrine does not require a district court to abstain from deciding whether Native Americans' tort claims arising from uranium mining on their…
A judge dissents from the Ninth Circuit's decision not to rehear a case addressing the Oil Pollution Act's (OPA's) preemptive effect on Washington State's oil spill prevention…
The court holds that a district court erred in ruling that Florida is entitled to Eleventh Amendment immunity in a limitation of liability proceeding, but it correctly dismissed the Oil Pollution…
The court holds that 15 of Washington State's 16 best achievable protection (BAP) oil spill prevention regulations are not preempted by federal law. The court first holds that the BAP…
The court holds that the Price-Anderson Act does not expressly prohibit the Navajo tribal court from determining its jurisdiction over tribal members' personal injury and wrongful death…