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Dico, Inc. v. United States

The court holds that the U.S. Court of Federal Claims lacked jurisdiction under 28 U.S.C. §1500 over a manufacturer's claim for compensation under the Fifth Amendment to the U.S. Constitution for response costs the manufacturer incurred cleaning up contaminated groundwater pursuant to a U.S. Enviro...

Clajon Prod. Corp. v. Petera

The court holds that Wyoming hunting license regulations do not violate the Takings and Equal Protection Clauses of the U.S. Constitution. The regulations create separate pools for allocating licenses to residents and nonresidents and limit owners of 160 or more acres to two supplemental licenses. T...

Brenham Community Protective Ass'n v. Department of Agric.

The court holds that the Farmer's Home Administration (FmHA) did not act arbitrarily or capriciously when it issued a finding of no significant impact (FONSI) based on an environmental assessment (EA) regarding authorization of a loan for the construction of a federally assisted apartment complex fo...

Carmel-by-the-Sea, City of v. Department of Transp.

The court holds that most of the final environmental impact statement (EIS) for a proposed highway realignment through Hatton Canyon near Carmel-by-the-Sea in California satisfies the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The court then address...

Narragansett Elec. Co. v. EPA

The First Circuit held that it lacked jurisdiction over an electric company's challenge to a U.S. Environmental Protection Agency (EPA) determination that ferric ferrocyanide is a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Ferric fer...

Coal Operators & Assocs. v. Babbitt

The court dismisses a coal mining association's claim against the Secretary of the Interior seeking to force the federal government to turn over approximately $1.3 billion allegedly due to the commonwealth of Kentucky under the Surface Mining Control and Reclamation Act's (SMCRA's) abandoned mine re...

Ka Makani 'O Kohala Ohana Inc. v. Water Supply, Dep't of, County of Haw.

The court affirms a district court decision that the U.S. Geological Survey's (USGS') and U.S. Department of Housing and Urban Development's (HUD's) participation in a Hawaii Department of Water Supply (DWS) transmission project did not constitute a major federal action that triggered the National E...

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's energy needs. If there is surplus energy, the BPA may sell it...

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 construction in Florida and their effect on the Florida panther. The...

Pax Christi Memorial Gardens, Inc. v. United States

The court holds that cemetery owners' takings claims arising from their failure to obtain a Clean Water Act (CWA) §404 permit from the U.S. Army Corps of Engineers are not ripe for review. In 1983, the property owners applied for a CWA §404 permit to dredge and fill 50 acres of the property, which...