The court upholds the Secretary of Energy's interpretation of the term "provide for" within a provision of the Low-Level Radioactive Waste Policy Amendments Act that entitles states…
The court holds that the discretionary function exception of the Federal Tort Claims Act (FTCA) shields the government from liability for a contractor's negligence in disposing of wastes…
The court holds that the Secretary of Commerce's adoption of a fishery conservation amendment to the Northeast Multispecies Fishery Management Plan does not violate the Magnuson Act or the…
The court holds that the citizen suit provision of the Surface Mining Control and Reclamation Act (SMCRA), §520(f), provides a federal cause of action for the recovery of damages resulting from…
The court affirms a district court's denial of attorney fees to an environmental group whose lawsuit challenging the adequacy of a Federal Highway Administration (FHwA) environmental…
The court holds that oil and gas lessees failed to state a claim under the Outer Continental Shelf Lands Act's (OCSLA's) citizen suit provision when they challenged the U.S. Department…
The court holds that a trial court improperly stayed proceedings in which Native American tribes sought damages from the United States for failure to manage certain tribal lands. The court first…
The court holds in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113 contribution action that plaintiff, the successor-owner/operator of a battery breaking…
A court dismisses two consolidated appeals that pertain to the construction and development of an interstate natural gas storage facility in New York. The first appeal was brought by the project…
The court holds that two insureds' claims arising from a polluted oil transfer terminal are not barred by the doctrine of known loss, nor are they unambiguously precluded by the comprehensive…