Civil Procedure

The court holds that a city and county have standing to challenge the U.S. Department of the Interior (DOI) for implementing a water rights acquisition plan in Nevada before preparing a…

The court holds that a husband and wife lacked standing under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Federal Water Pollution Control Act (FWPCA),…

The court holds that the U.S. Army Corps of Engineers violated the National Environmental Policy Act by failing to consider adequately the environmental impact of a petroleum pipeline that crosses…

The court denies a state's motion to stay a decision that the National Marine Fisheries Service (NMFS) improperly decided that the evolutionary significant unit of coho salmon did not warrant…

The court holds that the Tulloch rule's requirement of a Federal Water Pollution Control Act (FWPCA) §404 permit for incidental fallback exceeds the scope of the U.S. Army Corps of Engineers…

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…

The court holds that a district court lacked jurisdiction to hear a former Superfund site operator's four state-law claims against the site's owner. After entering a consent decree with…

The court vacates two Court of International Trade orders that were issued after an environmental group withdrew its motion to enforce the Court of International Trade's ruling pertaining to…

The court holds that the U.S. government is not liable as an operator under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for hazardous waste cleanup costs at…

The court holds that a company satisfied the requirements for the issuance of a preliminary injunction against a city seeking to enforce two zoning ordinances that impose disposal fees for the…